123 Ga. 465 | Ga. | 1905
In the case of Newman v. State, 101 Ga. 534, this court treated the question of the constitutionality of an act as having been raised under a general demurrer which alleged that the presentment did not charge the defendant with any violation of law; and the writer said in the opinion (page 536) that “under the general demurrer the constitutionality of the law under which the accused was arraigned is brought in question.” But the question of practice was not directly raised in that case, and the expression of the writer was not one which was well considered. In Savannah Railway Co. v. Hardin, 110 Ga. 433, this question of practice was thoroughly considered by the court, and the opinion in that case sets forth the views of the writer after mature thought and diligent investigation. The ruling in the Hardin case been subsequently followed without exception. It has been held that a demurrer can not be amended, at a term subsequent to the first term, by adding a ground of special demurrer. City Council of Augusta v. Lombard, 101 Ga. 724. A defendant may at any time before verdict, either orally or in writing, move to dismiss the case on the ground that the petition sets forth no cause of action, and in such a motion urge
Writ of error dismissed.