Legal Opinion

Little Rock Cooperage Co. v. Hodge

Supreme Court of Georgia

Decided February 11, 1899PublishedCited by 2 opinions

Action, on foreign judgment. Before Judge Smith. Pulaski superior court. August term, 1898. The declaration was demurred to upon the grounds: (1) No-cause of action is set forth, and the proceedings show a nullity. (2) The petition shows on its face that the alleged judgment is-void. (3) The petition shows no valid verdict on which to base-a judgment as sued on. The demurrer was sustained, and the plaintiff excepted.

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Action, on foreign judgment. Before Judge Smith. Pulaski superior court. August term, 1898. The declaration was demurred to upon the grounds: (1) No-cause of action is set forth, and the proceedings show a nullity. (2) The petition shows on its face that the alleged judgment is-void. (3) The petition shows no valid verdict on which to base-a judgment as sued on. The demurrer was sustained, and the plaintiff excepted. The declaration alleged, that in a designated court of the State of Arkansas, the same being a court of record, the plaintiff commenced suit against Holmes, Orem,, and Plodge, as…

1Opinion of the Court

Fish, J..The plaintiff’s petition was in substance good, and, as against the demurrer thereto, which was not only general in its nature but vague in its terms, set forth a cause of action. The defects in the petition, if any, should have been specifically pointed out by an appropriate special demurrer.

Judgment reversed.

All the Justices concurring. Action, on foreign judgment. Before Judge Smith. Pulaski superior court. August term, 1898. The declaration was demurred to upon the grounds: (1) No-cause of action is set forth, and the proceedings show a nullity. (2) The petition shows on its face…

2Cited by2 opinions

  1. Atlanta & W. P. R. v. GreenCourt of Appeals for the Fifth Circuit · 1917
  2. Sullivan v. Douglas Gibbons Inc.Court of Appeals of Georgia · 1938

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