City of Acworth v. McLain

Felton, Chief Judge.

The defendant city insists that its general demurrers should have been sustained since the petition shows on its face that the suit is barred by the statute of limitations. This issue is properly raised by the general demurrer which expressly sets out a reliance on the statute. Smith v. Central of Ga. Ry. Co., 146 Ga. 69 (90 S. E. 474). The petition, however, does not seek damages resulting from the creation of a nuisance treated as permanent, as in City of LaFayette v. Hegwood, 52 Ga. App. 168 (182 S. E. 860), cited by defendant, but rather seeks damages for an abatable…