Hayes v. Simpson

(After stating the foregoing facts.) As to the necessity of sustaining a motion to strike a case from the docket, where a general demurrer has been sustained and the case dismissed unless within a specified time an amendment is offered curing the defect, it is held in Gamble v. Gamble, 193 Ga. 591, 595 (supra): “Under numerous rulings of this court, where the order sustaining the demurrer allowed a definite time, in this case 30 days, within which an amendment meeting the grounds of the demurrer might be filed, and provided that, if no such amendment was filed within the time allowed the suit…