Hill v. Cox
Supreme Court of Georgia
Action for specific performance. Before Judge Wilson. Mitchell superior court. October 13, 19201 Miss Lizzie Hill brought suit to compel Mrs. Grace Hill, as the sole heir at law of her husband, J. B. Hill, to specifically perform an alleged parol contract claimed to have been made by J. B. Hill in his lifetime with his sister, the plaintiff, under the terms of which Hill bound himself to make suitable provision by his will, adequate for the support and maintenance of the…
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Action for specific performance. Before Judge Wilson. Mitchell superior court. October 13, 19201 Miss Lizzie Hill brought suit to compel Mrs. Grace Hill, as the sole heir at law of her husband, J. B. Hill, to specifically perform an alleged parol contract claimed to have been made by J. B. Hill in his lifetime with his sister, the plaintiff, under the terms of which Hill bound himself to make suitable provision by his will, adequate for the support and maintenance of the plaintiff for the remainder of her. life. A general demurrer to that petition was filed and was sustained by the court…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The plaintiff excepts to the refusal of the court to strike the defendant’s demurrer which was not filed at the first but at the second term of court. It is insisted here that a demurrer can not bo filed after the appearance term, although no entry of default was made upon the docket by the court. It is true that the statute does provide that demurrers shall be filed and disposed of at the first term of court; but we are of the opinion that this is merely directory and not mandatory. A general demurrer may be filed at any time before verdict. The Civil…
2Cases cited13 opinions
- Perry v. McLendonSupreme Court of Georgia · 1879
- Merritt v. BagwellSupreme Court of Georgia · 1883
- Walden v. WaldenSupreme Court of Georgia · 1907
- Gordon v. HudsonSupreme Court of Georgia · 1904
- Chambless v. LivingstonSupreme Court of Georgia · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Farmer v. BairdCourt of Appeals of Georgia · 1926
- Hughes v. CobbSupreme Court of Georgia · 1942
- Gamble v. GambleSupreme Court of Georgia · 1948
- Krasner v. O'DELLCourt of Appeals of Georgia · 1954
- Foy v. McCrarySupreme Court of Georgia · 1924
19 more not listed; retrieve them via the Exa API.