Scott v. Central of Georgia Railway Co.
18 Ga. App. 159 | Ga. Ct. App. | 1916
The court erred iu disallowing the proffered amendment to the plaintiff’s petition, and in sustaining the general and special demurrers and dismissing the petition.
(o) With the addition of the disallowed amendment, the petition set forth a cause of action, and was riot subject to general demurrer.
(Z>) The special demurrers should not have been sustained, as they did not specify or point out the alleged defects in the petition. A special demurrer goes to the structure merely, and it must distinctly and particularly specify wherein the defect lies. The party specially demurring-“must lay, as it were, his finger on the very point,” otherwise his demurrer will be overruled. Martin v. Bartow Iron Works, 35 Ga. 319, 323. Judgment reversed.