Perry v. Acree
Supreme Court of Georgia
1Opinion of the CourtBeck, P. J.
1. A judgment overruling a general demurrer to a petition, unless excepted, to and reversed, is an adjudication that the petition sets forth a cause of action. Turner v. Willingham, 148 Ga. 274 (96 S. E. 505).
2. The judgment overruling the demurrer is not properly excepted to in this case, as it has been frequently ruled that a judgment overruling a demurrer can not properly be made a ground of. a motion for new trial.
3. The plaintiffs had purchased a tract of land from the defendant, Perry, and it is alleged in the petition that the plaintiffs had sold the land to one Thompson and…
2Cases cited2 opinions
- Turner v. WillinghamSupreme Court of Georgia · 1918
- Morris v. SheppardCourt of Appeals of Georgia · 1918
3Cited by4 opinions
- Perry v. PerrySupreme Court of Georgia · 1939
- Virginia Lumber Corp. v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1933
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943