Legal Opinion

Kiser Co. v. McLean, Everett & Co.

Court of Appeals of Georgia

Decided July 18, 1907No. 403PublishedCited by 1 opinion

Complaint, from city court of Statesboro — Judge Brannen. December 18, 1906.

1Opinion of the CourtPowell, J.

“A judgment overruling a demurrer to an answer, unless excepted to and reversed, concludes the plaintiff as to the legal sufficiency of the answer; and if the same goes to the whole of the plaintiff’s demand and is duly supported by evidence, a complete defense is established.” Louisville Coffin Co. v. Rhudy, 111 Ga. 827, 35 S. E. 632.

Judgment affirmed.

Complaint, from city court of Statesboro — Judge Brannen. December 18, 1906. Submitted June 21, Decided July 18, 1907. Johnston & Cone, Mayson & Hill, for plaintiffs. R. Lee Moore, for defendants.

2Cases cited1 opinion

  1. Louisville Coffin Co. v. RhudySupreme Court of Georgia · 1900

3Cited by1 opinion

  1. Piedmont Hospital v. TruittCourt of Appeals of Georgia · 1933