Home Finance Co. of Rome, Georgia, Inc. v. Bank of LaFayette

Mobley, Justice.

This case is before this court on certiorari- to the Court of Appeals. Home Finance Co. of Rome, Georgia, Inc. v. Bank of LaFayette, 99 Ga. App. 873 (110 S. E. 2d 57). The application for certiorari assigns as error the ruling of the Court of Appeals that, though the demurrer expressly recited that it was filed “without waiving its plea in abatement and traverse of service heretofore filed, but expressly relying on same,” the failure of the defendant to object to the ruling on the demurrer or to insist on its motion to dismiss ■the petition for want of service amounted to an…