CANDLER, Justice.
When the petition in this case was filed in the Superior Court of Cobb County, on January 11, 1957, it prayed for both legal and equitable relief, but by an amendment to the petition, which was allowed on January 24, 1957, all prayers for equitable relief were stricken by the plaintiffs. On April 5, 1957, the trial judge overruled a general demurrer
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