Talbotton Railroad v. Gibson
Supreme Court of Georgia
Complaint. Before Judge Butt. Talbot superior court. March term 1898. The petition of Gibson against the Talbotton Railroad Company, filed February 18, 1895, was demurred to on the following grounds: (1) The petition and allegations are not paragraphed and numbered as required by the statute. (2) The cause of action set out is for salary upon contract, and not upon account. (3) The cause of action alleged, if any, would be upon •contract, and not subject-matter of account.
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Complaint. Before Judge Butt. Talbot superior court. March term 1898. The petition of Gibson against the Talbotton Railroad Company, filed February 18, 1895, was demurred to on the following grounds: (1) The petition and allegations are not paragraphed and numbered as required by the statute. (2) The cause of action set out is for salary upon contract, and not upon account. (3) The cause of action alleged, if any, would be upon •contract, and not subject-matter of account. (4) The allegations show that there was no account or subject-matter of ac'count. (5) The petition does not show any…
1Opinion of the CourtFish, J.
1, 2. There was no merit in the demurrer to the ■'plaintiff’s petition. The petition substantially complied with the law requiring the cause of action to be set forth “in orderly .and distinct paragraphs, numbered consecutively.” Wingate & Mell v. Atlanta National Bank, 95 Ga. 1. It was not demurrable because the plaintiff declared upon an account and not upon a special contract. The bill of particulars attached to the petition showed that the account sued on was for several years’ salary due by the defendant corporation to the plaintiff, • for his services as its president, the years in…
2Cases cited9 opinions
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- Dalton v. DrakeSupreme Court of Georgia · 1886
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- Walker & Chapman v. H. C. Mitchell & Co.Supreme Court of Georgia · 1870
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3Cited by31 opinions
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