Davenport v. South Atlantic Gas Co.

Hall, Judge.

1. There is no merit in the plaintiff’s contention that, because the defendant’s general demurrer was not filed until after the plaintiff’s amendment, and the time prescribed by Code Ann. § 81-301 for filing defensive pleadings had expired, the trial court erred in considering and ruling on the demurrer. Attacks on the substance, as opposed to the form, of the pleadings can be made orally at any time before verdict. Kelly v. Strouse & Bros., 116 Ga. 872, 879 (43 SE 280); Ayers v. Young, 210 Ga. 441, 442 (80 SE2d 801); Bigelow-Sanford Carpet Co. v. Goodroe, 98 Ga. App. 394 (106…