On Motion for Rehearing.
Plaintiff contends that any deficiencies rendering the petition subject to general demurrer were cured on trial of the case by the admission of evidence unobjected to, the effect of which was to amend the petition. In this argument plaintiff relies upon the authority of Insurance Co. of St. Louis v. Bray, 105 Ga. App. 675, 676 (1) (125 SE2d 691), where it was ruled: “The *116petition thus was in effect amended by the evidence under the principles announced in Napier v. Strong, 19 Ga. App. 401, 404 (2) et seq. (91 SE 579). . . It follows that there was no harmful or reversible error in overruling the general demurrer to the petition.” This ruling in the Bray case, is patently erroneous and conflicts with numerous prior decisions of this court and the Supreme Court and will not be followed. “Except for matters of which the court may take judicial notice (Genesco, Inc. v. Greeson, 105 Ga. App. 798, 800 (125 SE2d 786)), a court in passing on a general demurrer to a pleading, cannot consider aliunde matter not appearing in the pleading.” Wood v. Universal Creditors Assn., Inc., 112 Ga. App. 203 (144 SE2d 462). See also Seibels v. Hodges, 65 Ga. 245, 247 (3); Pollard v. Blalock, 147 Ga. 406 (3) (94 SE 226); Crowley v. Calhoun, 161 Ga. 354 (2) (130 SE 563); Sims v. Etheridge, 169 Ga. 400 (2) (150 SE 647); Kinney v. Crow, 186 Ga. 851, 857 (199 SE 198); Rawleigh Co. v. Etheridge, 37 Ga. App. 554, 557 (140 SE 913); Bowman v. Davis, 51 Ga. App. 478, 480 (6) (180 SE 917); Reeves v. South America Managers, 110 Ga. App. 49, 51 (137 SE2d 700). In reviewing the overruling of a general demurrer, this court cannot consider evidence adduced upon trial of the case. Southern Cotton Oil Co. v. Merchants &c. Bank, 179 Ga. 556 (1) (176 SE 392); Pope v. Barnett, 50 Ga. App. 199 (1a) (177 SE 358); Gay v. Sylvania Central R. Co., 79 Ga. App. 362, 367 (53 SE2d 713).
Motion denied.