Summerour v. Medlin
Court of Appeals of Georgia
1DissentGuerry, J.
There being no plea or answer in the case, and the petition being properly paragraphed, the allegations of the petition are to be taken as true, and being thus taken, the. *411plaintiff is only required to prove bis damages if they are unliquidated. Caldwell v. Freeman, 146 Ga. 469 (91 S. E. 544). A petition is sufficient to withstand a general demurrer if the defendant can admit all allegations of the petition and escape liability thereon. In Seaboard Air-Line Ry. Co. v. Pierce, 120 Ga. 230 (47 S. E. 581), it was said: “From the allegations of the petition it appeared that petitioner’s husband…
2Cases cited12 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Luke v. DuPreeSupreme Court of Georgia · 1924
- Evans v. MillsSupreme Court of Georgia · 1904
- O'Connor v. BruckerSupreme Court of Georgia · 1903
- Rountree v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
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