Henderson v. Fulton County Board of Registration & Elections

Nichols, Justice.

The first defense of the original defendants was a motion to dismiss for failure "to set forth a cause of action” and the first defense of the Metropolitan Atlanta Rapid Transit Authority was that the complaint failed to set forth a claim upon which relief could be granted. Under the provisions of the Civil Practice Act (Ga. L. 1966, pp. 609, 622, as amended; Code Ann. § 81A-112 (b)), these motions could properly be a part of the defendants’ responsive pleadings.

The judgments dismissing the complaint are regular on their face and without a transcript of the hearing where such…