Legal Opinion
Crawford v. Sumerau
Court of Appeals of Georgia
Decided October 22, 1959No. 37864PublishedCited by 9 opinions
1Opinion of the Court
Carlisle, Judge.
1. A demurrer which attacks a petition or a part thereof on the ground that it does not set forth a proper measure of damages is a special demurrer. This question cannot be reached by a mere general demurrer. Sikes v. Foster, 74 Ga. App. 350, 355 (39 S. E. 2d 585); Daniell v. McGuire, 87 Ga. App. 491 (2) (74 S. E. 2d 378). A special demurrer being a critic must itself be free from imperfection and must, as it were, lay its finger on the very point. Douglas, Augusta &c. Ry. Co. v. Swindle, 2 Ga. App. 550 (59 S. E. 600); Alford v. Davis, 21 Ga. App. 820 (4a) (95 S. E. 313).…
2Cases cited9 opinions
- Davis v. KirklandCourt of Appeals of Georgia · 1907
- Douglas, Augusta & Gulf Railway Co. v. SwindleCourt of Appeals of Georgia · 1907
- Alford v. DavisCourt of Appeals of Georgia · 1918
- Padgett v. WilliamsCourt of Appeals of Georgia · 1950
- Seaboard Air-Line Railway v. O'quinSupreme Court of Georgia · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pierce v. PierceSupreme Court of Georgia · 1978
- DURHAM BANK & TRUST COMPANY v. PollardSupreme Court of North Carolina · 1961
- Hodges v. Georgia Kaolin CompanyCourt of Appeals of Georgia · 1963
- Southern Bonded Warehouse Company v. Roadway Express, Inc.Court of Appeals of Georgia · 1961
- Dixie Seed Company v. SmithCourt of Appeals of Georgia · 1961
4 more not listed; retrieve them via the Exa API.