Jackowitz v. Tingle

Quillian, Judge.

1. Where, as in this case, the plaintiff filed an amendment to the petition which materially changed the nature of the petition, a previous judgment overruling a general demurrer to the original petition did not preclude the defendant from demurring generally to the petition as amended. Code § 81-1312; Green v. Spires, 189 Ga. 719, 721 (7 S. E. 2d 246).

2. Where, as in this case, the plaintiff filed a suit in personam against the defendant, based upon a mortgage to secure a debt, the petition is subject to general demurrer. “The. object of a mortgage is to secure a debt with…