Capps v. Edwards
Supreme Court of Georgia
Action on contract. Before Judge Kimsey. Stephens superior court. November 9, December 3, 1906. The petition of W. C. Edwards against T. A. Capps alleged, in substance: T. A. Capps was largely interested in the organization of the Capps Cotton Mill, of Toccoa, Georgia, is its largest shareholder, and has been its president from the time of its organization in 1900. On March 1, 1900, the plaintiff entered into a contract as follows: “This agreement, made and entered into…
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Action on contract. Before Judge Kimsey. Stephens superior court. November 9, December 3, 1906. The petition of W. C. Edwards against T. A. Capps alleged, in substance: T. A. Capps was largely interested in the organization of the Capps Cotton Mill, of Toccoa, Georgia, is its largest shareholder, and has been its president from the time of its organization in 1900. On March 1, 1900, the plaintiff entered into a contract as follows: “This agreement, made and entered into between T. A. Capps, of the first part, and W. C. Edwards, of the second part, both of Toccoa, Ga., Habersham county,…
1Opinion of the CourtAtkinson, J.
1. An oral motion to dismiss the plaintiff’s ease, because no cause of action is set out in the petition, may be made at any stage before verdict. Kelly v. Strouse, 116 Ga. 872 (1). If a defendant neglects at the appearance term to point out any particular defect by way of written demurrer, the whole petition, including the exhibits, will be examined to ascertain whether a cause of action is set forth. The question, in an oral motion to dismiss, is not whether any particular allegation has been defectively pleaded, but whether the petition in its entirety fails to set out -a cause of action.…
2Cases cited4 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Smith v. NewtonSupreme Court of Georgia · 1877
- Arnold v. MalsbySupreme Court of Georgia · 1904
- Edwards v. CappsSupreme Court of Georgia · 1905
3Cited by21 opinions
- Early v. KentSupreme Court of Georgia · 1959
- Cottle v. TomlinsonSupreme Court of Georgia · 1941
- S. & S. Builders, Inc. v. Equitable Investment Corp.Supreme Court of Georgia · 1964
- Purcell v. Armour Packing Co.Court of Appeals of Georgia · 1908
- Kanes v. KoutrasSupreme Court of Georgia · 1948
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