Delcher Bros. v. Reynolds & Manley Lumber Co.

MacIntyre, R. J.

1. The plaintiff’s exception to the court’s first ruling on the demurrer is futile and cannot be considered. “A plaintiff who submits to a ruling that his petition is subject to general demurrer, and that unless, within a designated time, it be so amended as to show a cause of action, the case on a named date will be dismissed, and who thereupon, in an effort to meet the ruling, amends his petition, will not thereafter be heard to say that the amendment was unnecessary.” Collins v. Myers, 28 Ga. App. 457 (111 S. E. 686), Lane v. The Murray Co., 63 Ga. App. 844 (12 S. E. 2d,…