Legal Opinion
Miles v. Harrison
Supreme Court of Georgia
Decided May 18, 1967No. 24029PublishedCited by 7 opinions
1Opinion of the Court
Duckworth, Chief Justice.
The judgment under review was one on demurrer to the petition, hence the rule requiring a construction against the pleader is applicable. Bailey v. Freeman, 140 Ga. 71 (78 SE 423); Lee v. City of Atlanta, 197 Ga. 518, 520 (29 SE2d 774); Dumas v. Burleigh, 209 Ga. 214, 243 (71 SE2d 545); Hames v. City of Marietta, 212 Ga. 331 (92 SE2d 534). That rule requires consideration of what is not alleged or vaguely alleged as well as what is alleged. And, when thus construed, the essentials are evasively or indirectly stated in the form of a general conclusion, courts must hold…
2Cases cited8 opinions
- Lee v. City of AtlantaSupreme Court of Georgia · 1944
- Chalverus v. Wilson Manufacturing Co.Supreme Court of Georgia · 1956
- County Board of Education v. Board of Commissioners of Roads & RevenuesSupreme Court of Georgia · 1947
- Hoffman v. ChesterSupreme Court of Georgia · 1948
- Hames v. City of MariettaSupreme Court of Georgia · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- STOVALL & COMPANY, INC. v. TateCourt of Appeals of Georgia · 1971
- Slaughter v. SlaughterCourt of Appeals of Georgia · 1970
- Koutras v. LazarusCourt of Appeals of Georgia · 1970
- Hill v. MorrisonCourt of Appeals of Georgia · 1981
- Koutras v. LazarusCourt of Appeals of Georgia · 1970
2 more not listed; retrieve them via the Exa API.