Silverman v. Alday

Atkinson, Justice.

(After stating the foregoing facts.) “A demurrer to an original petition does not, without more, cover the petition after it has been amended in material respects; but in such case the demurrer should be renewed if it is still relied on.” Livingston v. Barnett, 193 Ga. 640 (19 S. E. 2d, 385); Hughes v. Purcell, 198 Ga. 666 (32 S. E. 2d, 392); Peoples Loan Co. v. Allen, 199 Ga. 537 (34 S. E. 2d, 811).

The bill of exceptions recites that the defendant’s demurrer came on for hearing, “whereupon the plaintiff offered an amendment to his petition, which was allowed and filed, and…