Southern Bell Telephone & Telegraph Co. v. Brackin

Hawkins, Justice.

This case comes to this court on certiorari *226to the Court of Appeals, that court having held that, where there are material amendments to the plaintiff’s petition and the original demurrers are not renewed, nor an additional demurrer filed, the. petition stands as one not demurred to; and since the jury was authorized to find from the evidence that the plaintiff had proved his case as laid, the plaintiff was entitled to a verdict as against a motion by the defendant for a directed verdict; and that the trial court did not err in overruling the defendant’s motion for a judgment…