5 Ga. App. 194 | Ga. Ct. App. | 1908
The petitioner’s suit was dismissed, on general demurrer, and she excepts to the judgment of dismissal. Exceptions were also preserved, pendente lite, to the refusal of an amendment offered by the plaintiff. This is the second suit the plaintiff has brought against the defendant. The former case (Bunting v. Dobson) is reported in 125 Ga. 447. After the former adjudication Mrs. Dobson remarried, and the second suit was brought against her as Mrs. Hutchinson. In the petition in the present •case the plaintiff sets forth, that on August 15, 1883, a contract was entered into between the petitioner and J. T. Dobson, deceased, by which it was agreed, if the petitioner would come to
Eegardless, however, of whether the petition was demurrable for other reasons, the objection as to failure to pay the costs or file a proper affidavit in forma pauperis could not be raised by a. demurrer. This point must be presented by a plea in abatement,, and was waived. This disposes of two of the special demurrers..