Higdon v. Dixon

Head, Justice.

(After stating the foregoing facts.) “A demurrer denies the right to the relief sought, in whole or in part, admitting all properly pleaded allegations of the petition to be true.” Code, § 81-304. Only properly pleaded allegations are considered as true in passing upon the demurrer. Smith v. McWhorter, 173 Ga. 255 (160 S. E. 250); City of Albany v. Lippitt, 191 Ga. 756, 759 (13 S. E. 2d, 807). Where no special demurrer is filed, all allegations must be treated as well pleaded except those which are clearly conclusions of the pleader. Citizens & So. Nat. Bank v. King, 184 Ga.…