Georgia Court of Appeals, 1933

Brown v. Atlanta Coca-Cola Bottling Co.

Brown v. Atlanta Coca-Cola Bottling Co.
Georgia Court of Appeals · Decided October 6, 1933 · Broyles
47 Ga. App. 702; 171 S.E. 403; 1933 Ga. App. LEXIS 611

Brown v. Atlanta Coca-Cola Bottling Co.

Opinion of the Court

Broyles, C. J.

On the first appearance of this case here this court held that the petition failed to set out a cause of action, and reversed the judgment of the trial court overruling the general demurrer. See Atlanta Coca-Cola Bottling Co. v. Brown, 46 Ga. App. 451 (167 S. E. 776). Before the remittitur from this court was made the judgment of the trial court, the plaintiff amended her original petition, and the defendant renewed its demurrer to the petition as amended. The trial judge ruled that the amendment to the petition did not change β€œthe nature of the cause of action,” and dismissed the amended petition on the general demurrer. Held, that this ruling was correct.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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