Coffee v. Foote

1. Where a special demurrer was filed by the defendant to certain paragraphs of the plaintiff’s petition, and the court rendered judgment on December 16, 1938, sustaining the demurrer and providing ■ that “said petition will stand dismissed unless amended in twenty days,” such order was the law of the case, in the absence of a timely exception and writ of error therefrom; and a dismissal of the action automatically resulted if the plaintiff failed to conform to its terms. Clark v. Ganson, 144 Ga. 544 (87 S. E. 670); Speer v. Alexander, 149 Ga. 765, 767 (102 S. E. 150); Howell v. Fulton Bag &…