White v. Augusta Motel Hotel Investment Co.

Whitman, Judge.

1. Where, as here, in its responsive pleading to the plaintiff’s complaint, the defendant sets forth two defenses, to wit: (1) That the complaint fails to state a claim upon which relief can be granted, and (2) its answers to the complaint’s allegations; and thereafter moves for a judgment on the pleadings, the latter motion, if nothing extraneous to the pleadings is presented or considered by the trial court, is equivalent to a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. See Code Ann. § 81A-112 (b), (c) and (h) (Ga. L. 1966,…