Legal Opinion

Continental Casualty Co. v. Wilson-Avery, Inc.

Court of Appeals of Georgia

Decided May 3, 1967No. 42588PublishedCited by 9 opinions

1Opinion of the Court

Bunn, Presiding Judge.

Both of defendants’ special demurrers confuse the distinction between a special demurrer which seeks to eliminate superfluous matter, the sustaining of which results in striking the unnecessary matter, and one which objects to allegations for uncertainty and indefiniteness or which for some other reason seeks to have the plaintiff allege additional matter. Ga. Procedure and Practice § 9-13, p. 223. Special demurrers which confuse this distinction do not meet the requisite standard of perfection. Hughes v. Jackson, 109 Ga. App. 804, 808 (137 SE2d 487); Ogletree Hatchery,…

2Cases cited31 opinions

  1. Metropolitan Life Insurance v. SaulSupreme Court of Georgia · 1939
  2. Inman v. StateSupreme Court of Georgia · 1884
  3. Adkins v. FlaggSupreme Court of Georgia · 1917
  4. Carnes v. StateCourt of Appeals of Georgia · 1967
  5. State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939

26 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Preferred Risk Insurance v. BoykinCourt of Appeals of Georgia · 1985
  2. Gathers v. Harris Teeter Supermarket, Inc.Court of Appeals of South Carolina · 1984
  3. Benedict v. State Farm Bank, FSBCourt of Appeals of Georgia · 2011
  4. Gates v. Southern Railway Co.Court of Appeals of Georgia · 1968
  5. M.C. Anderson v. GoldenDistrict Court, S.D. Georgia · 1982

4 more not listed; retrieve them via the Exa API.

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