Legal Opinion

McCrary v. Berry

Court of Appeals of Georgia

Decided October 4, 1935No. 24353PublishedCited by 2 opinions

1Opinion of the CourtStephens, J.

1. The court in construing pleadings, when not passing on their sufficiency as against demurrer, but in determining the scope of the issues presented, for the purpose of passing upon the relevancy and materiality of evidence offered, will give to the pleadings such construction, where permissible, as will serve the best interests of the pleader. Moore v. Standard Accident Ins. Company, 48 Ga. App. 508, 512 (2, 3) (173 S. E. 481); Schroer v. Cole, 50 Ga. App. 472 (178 S. E. 312).

2. A plea to a suit on a note was signed only by the defendant, in which it is alleged that her obligation was that…

2Cases cited5 opinions

  1. Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
  2. Moore v. Standard Accident InsuranceCourt of Appeals of Georgia · 1934
  3. Brant v. BarnettIndiana Court of Appeals · 1894
  4. Pratt v. HeddenMassachusetts Supreme Judicial Court · 1876
  5. Schroer v. ColeCourt of Appeals of Georgia · 1934

3Cited by2 opinions

  1. Nalley Land & Investment Co. v. Merchants & Planters BankSupreme Court of Georgia · 1938
  2. Nichols v. MillerCourt of Appeals of Georgia · 1954

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