Rives v. Atlanta Newspapers, Inc.

Candler, Justice.

Since the judgment of the Court of Appeals which we have for review dealt with a ruling on a motion to dismiss in the nature of a general demurrer we must at the outset recognize, apply and follow the applicable rule in such cases, which is—construe the petition most strongly against the petitioner, which means, that the absence of an allegation of a material fact means the non-existence of such fact. Hulsey v. Interstate Life &c. Ins. Co., 207 Ga. 167 (60 SE2d 353); Chalverus v. Wilson Mfg. Co., 212 Ga. 612 (1) (94 SE2d 736). When this rule is applied here to a suit for…