Legal Opinion
Steed v. Harris
Court of Appeals of Georgia
Decided February 7, 1936No. 24883PublishedCited by 12 opinions
1Opinion of the CourtBroyles, C. J.
1. The office of a special demurrer to a petition is to cause the plaintiff to inform the defendant fully of the facts relied on by the plaintiff to make out his cause of action, so that the defendant may be able to prepare his defense to the suit. Kemp v. Central Ry. Co., 122 Ga. 559, 562 (50 S. E. 465); R. *582& D. R. Co. v. Mitchell, 95 Ga. 78, 85 (22 S. E. 124). However, where the information called for by a special demurrer is within the defendant’s knowledge, the overruling of the demurrer is not harmful error, since the defendant is not thereby hindered from preparing his defenses. See…
2Cases cited5 opinions
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Miller v. Southern Railway Co.Court of Appeals of Georgia · 1917
- Richmond & Danville Railroad v. MitchellSupreme Court of Georgia · 1894
- Mills v. Gate City Cotton MillsSupreme Court of Georgia · 1905
- McClure v. State Banking Co.Court of Appeals of Georgia · 1909
3Cited by12 opinions
- Lee Street Auto Sales, Inc. v. WarrenCourt of Appeals of Georgia · 1960
- Brinson v. KramerCourt of Appeals of Georgia · 1945
- Mu Chapter Building Fund Inc. v. HenrySupreme Court of Georgia · 1949
- Villa Rica Manufacturing Co. v. General American Life InsuranceCourt of Appeals of Georgia · 1937
- Chelsea Corporation v. StewardCourt of Appeals of Georgia · 1950
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