Mitchell v. Southern Bell Telephone & Telegraph Co.

1. Ordinarily, where a general demurrer which goes to the merits of the plaintiff’s case is sustained, the judgment is conclusive as to all matters which were set up in the petition, or which might properly have been alleged therein; but where a general demurrer to an equitable petition is based upon the grounds that the petition sets forth no grounds for equitable relief, and that the plaintiff has a full, complete, and adequate remedy at law (and such was the character of the demurrer as shown by the record in Southern Bell Tel. Co. v. Mitchell, 145 Ga. 539, 89 S. E. 514), and such demurrer…