Thoben Elrod Co. v. Holiday
Thoben Elrod Co. v. Holiday
Opinion of the Court
1. Where the court sustains certain general and special demurrers to a petition with leave to amend, such judgment is not final, and the court after amendment shall enter a new judgment which entirely supersedes the original or interlocutory judgment. Code Ann. § 81-1001. General demurrers and special demurrers' to portions of the petition materially altered by amendment must be renewed after amendment if they are still relied upon; otherwise the questions raised thereby are extinguished. McCormick v. Johnson, 213 Ga. 544 (3) (100 SE2d 195).
2. While Code § 81-105 requires that suits on account be accompanied by a bill of particulars, failure to attach a proper bill of particulars must be raised by special rather than general demurrer. McClellan v. Rawling, 16 Ga. App. 146 (2) (84 SE 616).
3. Where a suit on open account is in the “Jack Jones” form, only slight averments are necessary to state a cause of action. Gordy Tire Co. v. Bulman, 96 Ga. App. 739 (1) (101 SE2d 220). The petition here was in such form, the bill of particulars attached being, however, nothing more than a statement of a balance due as of a given date. It was attacked by
The trial court erred in sustaining the motion and dismissing the petition.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.