DUCKWORTH, Chief Justice.
The judgment under review was one on demurrer to the petition, hence the rule requiring a construction against the pleader is applicable. Bailey v. Freeman, 140 Ga. 71 (78 SE 423); Lee v. City of Atlanta, 197 Ga. 518, 520 (29 S.E.2d 774); Dumas v. Burleigh,
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