Pruitt v. Jones

1. Where the trial court entered an order sustaining the demurrer and dismissing the action “on the ground that the action is barred by the statute of limitations” the order will be construed as not passing upon the other grounds of demurrer interposed (Linder v. Whitehead, 116 Ga. 206 (2); 42 S. E. 358; Simpson v. Sanders, 130 Ga. 265, 271, 60 S. E. 541; Linam v. Anderson, 12 Ga. App. 735 (4), 78 S. E. 424); and therefore as tacitly overruling them. Consequently, where the court thereafter, without vacating the first ruling-on the demurrers, undertook to “amend” the original order entered 30…