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SOUTHERN BELL TEL. & TEL. CO. v. BRACKIN

20445.

215 Ga. 225 (1959)

109 S.E.2d 782

SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY v. BRACKIN, by Next Friend.

Supreme Court of Georgia.

Decided July 8, 1959.

Rehearing Denied July 23, 1959.

Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, Welborn B. Cody, Jack P. Etheridge, for plaintiff in error.

Lewis & Lewis, contra.

Bryan, Carter, Ansley & Smith, for party at interest not party to record.

HAWKINS, Justice.

This case comes to this court on certiorari to the Court of Appeals, that court having held that, where there are material amendments to the plaintiff's petition and the original demurrers are not renewed, nor an additional demurrer filed, the petition stands as one not demurred to; and since the jury was authorized to find from the evidence that the plaintiff had proved his case as laid, the plaintiff was...

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