Opinion
19881.
ARGUED OCTOBER 15, 1957.
DECIDED NOVEMBER 8, 1957.
Appellate procedure. Before Judge Hubert. DeKalb Superior Court. August 6, 1957.
Thomas E. Moran, for plaintiff in error.
Roland Neeson, contra.
1. The additional record certified to this court discloses that, since the date of the orders complained of in the bill of exceptions, overruling the demurrer and motion to dismiss of one of the defendants (the plaintiff in error here), the petition has been materially amended, and the defendants have filed renewed general demurrers. Therefore, the former demurrer and motion to dismiss have become extinct or nugatory, and the questions raised by such former demurrer and motion to dismiss are moot. Holliday v. Pope, 205 Ga. 301, 308 ( 53 S.E.2d 350).
2. Since the bill of exceptions presents only moot questions, and a reversal of the judgments excepted to would be of no benefit to the plaintiff in error, this court will, upon its own motion, dismiss the writ of error. Mooney v. Mooney, 200 Ga. 395, 396 (4) ( 37 S.E.2d 195).
Writ of error dismissed. All the Justices concur.
ARGUED OCTOBER 15, 1957 — DECIDED NOVEMBER 8, 1957.
The bill of exceptions recites that Louise Bailey filed her petition against Mary Saphire and Marion L. Saphire on July 18, 1957; that on August 6, 1957, the general demurrer of Mary Saphire was overruled, to which ruling she excepts; that on the same date the plaintiff filed an amendment to her petition, and the defendant Mary Saphire made an oral motion to dismiss, on the ground that the petition as amended did not set out a cause of action; and that the trial judge passed an order denying her oral motion to dismiss, to which order she excepts. A copy of the order denying the oral motion to dismiss is not specified as material to the errors complained of, and no copy appears in the record.
Counsel for the plaintiff (defendant in error in this court) insists, in his brief, that the general demurrers were sustained in part, with the right to amend in 20 days; that an amendment was filed; and that both defendants demurred to the petition as amended. By direction, subsequent proceedings have been certified to this court, from which it appears that, on August 22, 1957, the judge passed an order reciting that "It was stated by the court on said August 6, 1957, that plaintiff would be granted additional time in which to amend her complaint." In the order of August 22, the time for filing the amendment was extended to September 10, 1957. The plaintiff filed an amendment on September 10, 1957, which was duly allowed. On September 17, 1957, the defendants, Mary Saphire and Marion L. Saphire renewed their demurrers to the petition as amended.