Cuttino v. Mimms

Gardner, Presiding Judge.

We will deal first with the demurrers filed by the defendant to the plaintiffs’ petition. We have set out the petition somewhat in detail. It is our opinion that the petition is sufficient to withstand a general demurrer notwithstanding what was said by this court in Vandalsem v. Caldwell, 33 Ga. App. 88 (7) (125 S. E. 716), a case cited by counsel for the defendant which states as follows: “The test of the sufficiency of a petition as against a general demurrer is whether the defendant can admit all the allegations therein contained and at the same time escape all…