Legal Opinion
Keiser v. American Express Co.
Court of Appeals of Georgia
Decided September 29, 1965No. 41480PublishedCited by 2 opinions
1Opinion of the Court
Jordan, Judge.
1. The answer filed by the defendant in this case was clearly defective in form since it was not specifically and expressly made in response to the different counts of the petition. As such it was subject to special demurrer which is the proper remedy to reach an imperfection of this nature which can be cured by amendment. Green v. Hambrick, 118 Ga. 569 (4), 572 (45 SE 420). By failing to file a timely special demurrer the plaintiff waived this defect in the form of the answer. Green v. Hambrick, supra.
2. An answer is not subject to general demurrer or motion to strike, no…
2Cases cited12 opinions
- Johnson v. CobbSupreme Court of Georgia · 1897
- Jones v. LawmanCourt of Appeals of Georgia · 1937
- Green v. HambrickSupreme Court of Georgia · 1903
- Medlock v. WoodCourt of Appeals of Georgia · 1908
- De Soto Plantation Co. v. HammettSupreme Court of Georgia · 1900
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3Cited by2 opinions
- Official Championship Speedway, Inc. v. Jupiter Broadcasting of Georgia, Inc.Court of Appeals of Georgia · 1967
- Williams v. Commercial Tire Co.Court of Appeals of Georgia · 1966