Legal Opinion
Green v. Spires
Supreme Court of Georgia
Decided February 24, 1940No. 13117PublishedCited by 17 opinions
1Opinion of the Court
Jenkins, Justice.
1. “While it is the rule that 'a judgment overruling a general demurrer to a petition, unless excepted to and reversed, is an adjudication that the petition sets forth a cause of action, and the court may not by indirection deprive the plaintiff of the estoppel he is entitled to urge as against the defendant’ (Turner v. Willingham, 148 Ga. 274 (2), 96 S. E. 565, and cit.; Roles v. Edwards, 49 Ga. App. 527, 176 S. E. 106, and cit.), it is also the rule that can amendment to a petition which materially changes the cause of action, made at any stage of the case, opens the whole…
2Cases cited28 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
- Hobby v. BunchSupreme Court of Georgia · 1889
- Wheeler v. MartinSupreme Court of Georgia · 1916
- Turner v. WillinghamSupreme Court of Georgia · 1918
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Livingston v. BarnettSupreme Court of Georgia · 1942
- Johnson v. EllingtonSupreme Court of Georgia · 1943
- McKenzie v. WalkerSupreme Court of Georgia · 1953
- Southeastern Pipe-Line Co. v. GarrettSupreme Court of Georgia · 1941
- Rothberg v. Manhattan Coil Corp.Court of Appeals of Georgia · 1951
12 more not listed; retrieve them via the Exa API.