Head v. Stephens

Wyatt, Presiding Justice.

1. We first consider the ruling on the demurrers filed by Mrs. E. B. Stephens. In ground 6 of the renewed demurrers, it is contended that the petition should be dismissed because the amendment sought to change the cause of action from one at law to one in equity. This ground should have -been overruled. A petition at law may be changed to a petition in equity by amendment not otherwise objectionable. Johnson v. Boyd, 202 Ga. 531, 532 (43 S. E. 2d 524); Bank of Tifton v. Bryan, 194 Ga. 735 (22 S. E. 2d 467).

2. There is no merit in ground 7 of the renewed demurrers, in…