City Council v. Lombard
Supreme Court of Georgia
Action for damages. Before Judge Callaway. Richmond superior court. October term, 1896. To the petition of Charles F. Lombard the City Council of Augusta demurred generally at the appearance term. At a subsequent term the demurrer came on to be heard, and the defendant offered to amend its demurrer by demurring specially on grounds hereafter set out. The court overruled both demurrers, and the defendant excepted.
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Action for damages. Before Judge Callaway. Richmond superior court. October term, 1896. To the petition of Charles F. Lombard the City Council of Augusta demurred generally at the appearance term. At a subsequent term the demurrer came on to be heard, and the defendant offered to amend its demurrer by demurring specially on grounds hereafter set out. The court overruled both demurrers, and the defendant excepted. The petition was filed December 2, 1892, and alleged: On March 10, 1891, the plaintiff was, and he still is, the lessee of property in Augusta, on the east side of Kollock street,…
1Opinion of the CourtSimmons, C. J.
Lombard sued the City Council of Augusta - for damages, and the defendant demurred generally. This demurrer was overruled, and the defendant excepted.
In the case of City Council of Augusta v. Lombard 93 Ga. 284, this court held that, under a state of facts such as is alleged in the petition in the present case, the plaintiff had a right to recover. Under the principles there announced, the court did not err in ruling that the petition now under consideration set out a cause of action. There is another question here to be considered which was not involved in that case, viz., as to whether the…
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