Texeira v. Wagar

Duckworth, Chief Justice.

1. Oral admissions of fact made by counsel in the opening statement to the jury are not proper matters for consideration in passing on an oral motion to dismiss in the nature of a general demurrer. Pattillo v. Jones, 113 Ga. 330, 333 (38 S. E. 745); Hicks v. Beacham, 131 Ga. 89 (2) (62 S. E. 45); Jackson v. Davis, 203 Ga. 39 (1) (45 S. E. 2d, 278).

2. The allegations of the amended petition — to the effect that the defendant obtained the signatures of a person who was non compos mentis, and who did not receive any consideration therefor — 'were sufficient to set forth…