Legal Opinion

Upshaw v. O'BRYANT

Court of Appeals of Georgia

Decided June 6, 1960No. 38313, 38314PublishedCited by 3 opinions

1Opinion of the Court

Carlisle, Judge.

Although the bills of exception recite that the plaintiff in error filed demurrers, both general and special, to the plaintiff’s petitions and that the trial judge entered orders overruling “the within demurrers of defendant,” the records show, upon inspection, that the only two grounds of demurrer filed in each case were special demurrers attacking the allegations of two paragraphs of each of the petitions on the ground that they were prejudicial, immaterial, irrelevant, surplusage, redundant and contradictory of other allegations contained in the petitions. The records…

2Cases cited3 opinions

  1. Harrell v. Southern Railway Co.Court of Appeals of Georgia · 1913
  2. Butler Ice & Storage Co. v. Georgia Power Co.Court of Appeals of Georgia · 1934
  3. Rowe v. JohnsonCourt of Appeals of Georgia · 1953

3Cited by3 opinions

  1. Smith v. AA Wood & Son CompanyCourt of Appeals of Georgia · 1961
  2. Johnson v. Housing AuthorityCourt of Appeals of Georgia · 1962
  3. Smith v. AA Wood & Son CompanyCourt of Appeals of Georgia · 1961

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