Ferris v. Union Savings Bank

1. “It is not proper for a demurrer to allege facts which are not set forth in the petition which it seeks to attack; it thereby becomes speaking in character, and should be overruled.” Warren v. Bearden, 16 Ga. App. 145 (84 S. E. 597), and cit. In the instant case counsel for the plaintiff in error admits in his brief that the demurrer to the petition was “in the nature of a speaking demurrer.” It follows that the demurrer was properly overruled.

2. The State superintendent of banks may, “in the name of the bank,” institute an action upon any cause of action which is vested by law in such…