Harris v. Riser

(After stating the facts.)

As a demurrer admits all properly pleaded allegations to be true, we have in this case a petition in which are allegations properly pleaded, and which the defendant cannot admit as true and escape liability. It ivas therefore error to sustain the general demurrer to the petition. The position which we take in this case is supported by rulings of this court and of the Supreme Court. The following quotations are from cases in which the facts are quite similar to those in this case. In Stack v. Harris, 111 Ga. 149 (36 S. E. 615), a general demurrer to the petition was…