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Harris v. Mayes

Harris v. Mayes, 95 S.E.2d 26 (Ga. Ct. App. 1956)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
October 23, 1956
Docket
No. 36404
Judges
Qtjillian
Citations
95 S.E.2d 2694 Ga. App. 5051956 Ga. App. LEXIS 593

Opinion of the Court — Qtjillian

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Qtjillian, J.

1. The filing of an amendment which has no prayer that it be made a part of the petition does not of itself make such amendment a part of the record, but where the amendment was tendered and an order passed directing that it be filed subject to the right of the defendant to demur, the defendant did renew his demurrers, and the judge overruled the demurrers to the petition as amended, the amendment will be treated as having been formally allowed. Newill v. Atlanta Gas-Light Co., 48 Ga. App. 226 ( 172 S. E. 232 ).

2. Under the holdings in Mason v. Frankel, 49 Ga. App. 145 (2) ( 174 S. E. 546 ), and King Hdw. Co. v. Teplis, 91 Ga. App. 13 ( 84 S. E. 2d 686 ), the general demurrer was properly overruled by the judge of the superior court.

3. The special demurrers are without merit.

Judgment affirmed.

Felton, C. J., and Nichols, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1957: 119572026peak 1957 · 1

Relies on it most ⓘ

  1. Stanfield v. Forrest Five to Five Dollar Stores99 S.E.2d 167 (Ga. Ct. App. 1957)

Most recent

  1. Stanfield v. Forrest Five to Five Dollar Stores99 S.E.2d 167 (Ga. Ct. App. 1957)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
King Hardware Co. v. Teplis, 84 S.E.2d 686 (Ga. Ct. App. 1954) 22
Mason v. Frankel, 174 S.E. 546 (Ga. Ct. App. 1934) 19
Newill v. Atlanta Gas-Light Co., 172 S.E. 232 (Ga. Ct. App. 1933) 12

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