Legal Opinion

Almon v. Citizens & Southern National Bank

Court of Appeals of Georgia

Decided December 4, 1963No. 40231PublishedCited by 2 opinions

1Opinion of the Court

Bell, Presiding Judge.

The -second and third demurrers allege that the plaintiff failed to set forth in its petition the method for figuring the principal balance ($1,208.87) and the interest, and that paragraph 2 of the petition therefore constitutes a conclusion 'unsupported by the exhibits attached (the note and the letters giving notice of intent to sue.)

Good pleading requires only that the petition plainly and concisely state the material ultimate fact» upon which the plaintiff depends for a recovery. As a general rule, the evidentiary facts upon which the plaintiff relies to prove the…

2Cases cited14 opinions

  1. Lefkoff v. SicroSupreme Court of Georgia · 1939
  2. Johnston v. SheppardCourt of Appeals of Georgia · 1918
  3. Jackson v. SandersSupreme Court of Georgia · 1945
  4. Meads v. WilliamsCourt of Appeals of Georgia · 1937
  5. Philmon v. MarshallSupreme Court of Georgia · 1902

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

3Cited by2 opinions

  1. Sheffield v. LewisSupreme Court of Georgia · 1980
  2. Sheffield v. LewisSupreme Court of Georgia · 1980

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