Legal Opinion
American Southern Insurance Company v. Kirkland
Court of Appeals of Georgia
Decided July 15, 1968No. 43781PublishedCited by 19 opinions
1Opinion of the Court
Hall, Judge.
The appellees rely upon Pennsylvania Threshermen &c. Cas. Co. v. Gardner, 107 Ga. App. 472 (130 SE2d 507), and Hatcher v. Georgia Farm Bureau Mut. Ins. Co., 112 Ga. App. 711 (146 SE2d 535). These cases are inapposite for the reason they were decided under the old strict rules of pleading. A claim for relief under Code Ann. § 81A-108 “should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U. S. 41, 45-46 (78 SC 99, 2 LE2d 80).…
2Cases cited5 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harper v. DeFreitasCourt of Appeals of Georgia · 1968
- Saint Paul Fire & Marine Insurance v. JohnsonSupreme Court of Georgia · 1960
- Ditmyer v. American Liberty InsuranceCourt of Appeals of Georgia · 1968
- Hatcher v. Georgia Farm Bureau Mutual InsuranceCourt of Appeals of Georgia · 1965
3Cited by19 opinions
- Byrd v. Ford Motor Co.Court of Appeals of Georgia · 1968
- Coleman v. Dairyland InsuranceCourt of Appeals of Georgia · 1973
- White v. Augusta Motel Hotel Investment Co.Court of Appeals of Georgia · 1969
- Southeastern Fidelity Fire Insurance v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1968
- Key v. BagenCourt of Appeals of Georgia · 1975
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