Legal Opinion

Citizens Bank of Hapeville v. Thompson

Court of Appeals of Georgia

Decided April 28, 1959No. 37613PublishedCited by 4 opinions

1Opinion of the Court

Quillian, Judge.

The only question for decision is whether the trial court erred in sustaining the general demurrer to the petition.

In passing on the question as to whether the petition alleged a valid right of recovery against either of the defendants we have considered the established rules that for -a petition not to be subject to a general demurrer depends upon whether the defendant can admit all allegations therein and escape liability (Lancaster v. Monroe, 45 Ga. App. 496, 165 S. E. 302), and a petition is not subject to general demurrer unless it is lifeless. Medlock v. Aycock, 16 Ga.…

2Cases cited5 opinions

  1. Ruis v. LothridgeSupreme Court of Georgia · 1919
  2. Curtis v. College Park Lumber Co.Supreme Court of Georgia · 1916
  3. Medlock v. AycockCourt of Appeals of Georgia · 1915
  4. Lancaster v. MonroeCourt of Appeals of Georgia · 1932
  5. Brunswick Peninsular Corp. v. DaughartySupreme Court of Georgia · 1948

3Cited by4 opinions

  1. Customers Loan Corporation v. JonesCourt of Appeals of Georgia · 1959
  2. Webb v. WrightCourt of Appeals of Georgia · 1961
  3. Shockley v. HensleeCourt of Appeals of Georgia · 1966
  4. Customers Loan Corporation v. JonesCourt of Appeals of Georgia · 1959

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