Legal Opinion
Almaroad v. Giles
Supreme Court of Georgia
Decided April 16, 1973No. 27764PublishedCited by 6 opinions
1Opinion of the Court
Hawes, Justice.
1. "Since the adoption of the Civil Practice Act (Ga. L. 1966, p. 609; 1967, p. 226; Code Ann. Title 81A) a complaint need not set forth a cause of action in order to withstand a motion to dismiss but need only to set forth a claim for relief. Under that title, the complaint may no longer be construed most strongly against the pleader. 'Furthermore, "a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim. If,…
2Cases cited11 opinions
- Calvary Independent Baptist Church v. City of RomeSupreme Court of Georgia · 1951
- Mitchell v. DickeySupreme Court of Georgia · 1970
- Koehler v. MassellSupreme Court of Georgia · 1972
- Bond v. RaySupreme Court of Georgia · 1951
- Gaines v. LunsfordSupreme Court of Georgia · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Rivermist Homeowners Assn.Supreme Court of Georgia · 1979
- Coppedge v. Columbus, GeorgiaCourt of Appeals of Georgia · 1975
- Stith v. HudsonSupreme Court of Georgia · 1973
- Durbin v. WoodsSupreme Court of Georgia · 1975
- Clifton v. BerrySupreme Court of Georgia · 1979
1 more not listed; retrieve them via the Exa API.