12 Ga. App. 152 | Ga. Ct. App. | 1913
Tbe suit was to recover a balance alleged to be due tbe plaintiff upon her salary as a teacher in one of the public schools of the City of Americus. The petition alleged that the defendant had contracted to pay the plaintiff $1,000 for her services for the year 1911, and owed her a balance of $325. In the original petition it was alleged that her salary had been fixed at $1,000 by corporate action of the board of education, duly entered on its minutes. A general demurrer to the petition was overruled; but a special demurrer, upon the ground that a copy of the entry from the minutes, relied on by the plaintiff, was not attached, was sustained, with leave to amend. The plaintiff thereupon amended by attaching a copy of the minutes. A demurrer to the petition as then amended was overruled, and, at the conclusion of the plaintiff’s evidence (which consisted of her own testimony and a copy of the minutes of the board), a nonsuit was granted. The plaintiff excepted.
Judgment affirmed.