Legal Opinion
Dubois v. Smith
Court of Appeals of Georgia
Decided February 21, 1948No. 31763PublishedCited by 6 opinions
1Opinion of the CourtMacIntyre, P. J.
Since a motion to strike is in the nature of a general demurrer (Braddy v. W. T. Rawleigh Company, 64 Ga. App. 682, 14 S. E. 2d, 130), the question presented by the exceptions pendente lite is whether the amendments to the answer of. the defendant set forth a valid defense as against a general demurrer.
The plaintiff contends that the amendments were properly stricken because the facts set forth in the amendments do not constitute a breach of warranty entitling the defendant to any damages whatever.
The plaintiff relies upon the decision in White & Corbitt v. Stewart & Co., 131 Ga. 460 (62 S.…
2Cases cited5 opinions
- White & Corbitt v. Stewart & Co.Supreme Court of Georgia · 1908
- Clements v. CollinsSupreme Court of Georgia · 1877
- Joyner v. SmithSupreme Court of Georgia · 1909
- King v. ThompsonSupreme Court of Georgia · 1877
- Braddy v. W. T. Rawleigh CompanyCourt of Appeals of Georgia · 1941
3Cited by6 opinions
- Bigelow-Sanford Carpet Co. v. GoodroeCourt of Appeals of Georgia · 1958
- State Mutual Insurance v. McJenkin Insurance & Realty Co.Court of Appeals of Georgia · 1952
- Venable v. GreshamCourt of Appeals of Georgia · 1962
- Brewster v. HinesWest Virginia Supreme Court · 1971
- Bigelow-Sanford Carpet Co. v. GoodroeCourt of Appeals of Georgia · 1958
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