Merck v. Flynn

Hawkins, Justice.

In this case the trial court overruled a general demurrer to the petition, which judgment was reversed by this court in Flynn v. Merck, 204 Ga. 420 (49 S. E. 2d, 892). The remittitur from this court was made the judgment of Fulton Superior Court by an order entered on October 27, 1948. Thereafter, at a subsequent term of that court, and on December 8, 1948, the plaintiff offered an amendment to his petition, which was allowed on that date subject to demurrer. On January 10, 1949, the defendants demurred to this amendmnt on. the grounds that the judgment and decree making the…