McConnell v. Smith
Court of Appeals of Georgia
Complaint; from municipal court of Macon — Judge Chambers. May 12, 1916. The plaintiff’s petition was in distinct paragraphs, but the paragraphs were not numbered.
1Opinion of the CourtHodges, J.
1. “The pleading act of 1893 provided that petitions should ‘set forth the cause of action in orderly and distinct paragraphs numbered consecutively.’ Civil Code, § 4961. The act does not prescribe any penalty for a failure to comply with its terms. A petition not subdivided into paragraphs at all would evidence such a disregard of the requirements of the law that the same should be dismissed on motion. A petition which makes a paragraph of' every sentence, without reference to substance, would also evidence such a disregard of the spirit of the law that it should be dismissed on motion, for…
2Cases cited1 opinion
- Atlanta, Knoxville & Northern Railway Co. v. SmithSupreme Court of Georgia · 1904
3Cited by2 opinions
- Trowbridge v. Atlanta Newspapers, Inc.Court of Appeals of Georgia · 1955
- Mobley v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1961