Legal Opinion
Nixon v. Nixon
Supreme Court of Georgia
Decided July 15, 1942No. 14217PublishedCited by 9 opinions
1Opinion of the Court
Reid, Chief Justice.
There was no demurrer to the cross-petition, no motion to strike it, and no charge in reference to it attacked. The only way its legal sufficiency is challenged is by motion for new trial. This method is not appropriate. Kelly v. Strouse, 116 Ga. 872 (5a), 883 (43 S. E. 280). In Harbin v. Hunt, 151 Ga. 60 (3) (105 S. E. 842), it was held: “The legal sufficiency of the pleadings of the plaintiff can not be called in question by a motion for a new trial, but should be raised by demurrer. If, however, the defendant passes over, without demurring, a petition which does not set…
2Cases cited13 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Roberts v. KeelerSupreme Court of Georgia · 1900
- Nix v. EllisSupreme Court of Georgia · 1903
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Backer v. City Bank & Trust Co.Supreme Court of Georgia · 1935
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grice v. GriceSupreme Court of Georgia · 1944
- Bowers v. SalitanCourt of Appeals of Georgia · 1958
- Atlanta Stove Works, Inc. v. HollonCourt of Appeals of Georgia · 1965
- Nixon v. NixonSupreme Court of Georgia · 1944
- Bank of the Ozarks v. DKK Development Co.Court of Appeals of Georgia · 2012
4 more not listed; retrieve them via the Exa API.