Court of Appeals of Georgia December 3, 1915, 6593 (Kennedy v. Kennedy)

Russell, C. J.

1. The defendant in the lower court (realizing that a demurrer can not legally he filed at the second term after the filing of the suit) submitted a written motion to- dismiss, in the nature of a demurrer, which must be treated as if it were merely an oral motion to dismiss the plaintiff’s petition.