122 Ga. 29 | Ga. | 1905
The plaintiff in error filed a petition in which she named the Quitman Ginnery as defendant and wherein she set forth the following complaint: Plaintiff is the owner of a dwelling-house in the town of Quitman, of the value of $3,000. The defendant, a corporation, has erected and is now operating an extensive ginning plant just across a narrow street from her dwelling, which plant is run continuously for about five months of each year and has been in operation for the past five years. The
As the demurrer was sustained generally, we have confined our inquiry to the question whether or not the petition set forth a cause of action. As the court below held it did not, the plaintiff was cut off from curing, by way of amendment, such defects in her pleading (if any) as were subject to special demurrer. When the case “ comes up for another hearing, the court below may yet do what it has not heretofore done, viz., pass upon the special grounds of the demurrer.” Linder v. Whitehead, 116 Ga. 210.
Judgment reversed.