10 Ga. App. 194 | Ga. Ct. App. | 1911
1. The judgment sustaining the general demurrer to the petition is a final judgment, from which a writ of error will lie.
2. Where a bill of exceptions recites that the court sustained a general demux-rex-, and that “the plaintiff in error excepted to the order sus- . taining said general demurrer, and assigns the same as errox-,” the assignment of error is sufficient. O’Neal v. Miller, 9 Ga. App. 180 (70 S. E. 971).
3. In a suit to recover damages from a municipal cox-poration for an alleged injury resulting from a defective construction of a street, it is not necessary to allege either actual or constructive notice of such defective construction. Civil Code (1910), § 898; Mayor etc. of Montezuma v. Wilson, 82 Ga. 206 (9 S. E. 17, 14 Am. St. R. 150).
4. The allegations of the petition, in foi’m and substance, set forth a cause of action, and the court erred in sustaining a general and special demurrer thereto. Judgment reversed.