Legal Opinion

Black v. Miller

Court of Appeals of Georgia

Decided July 28, 1966No. 41950Published

1ConcurrenceFelton, Chief Judge

As I understand the rule of pleading in Georgia, it is that there must be an allegation of ultimate fact or an allegation of evidentiary facts which demand the inference of the ultimate fact. In this case it was necessary as against a general demurrer to allege that the ground upon which the trailer was parked was not level, or to allege evidentiary fact or facts which demanded the inference that the ground on which the trailer was parked was not level. The allegation that the trailer “rolled off” of the place where it was parked demands the inference that the said ground was not level. The…

Also in this document: Dissent.

2Cases cited11 opinions

  1. Krueger v. MacDougaldSupreme Court of Georgia · 1918
  2. Hulsey v. Interstate Life & Accident InsuranceSupreme Court of Georgia · 1950
  3. Toler v. GoodinSupreme Court of Georgia · 1946
  4. Covil v. Robert & Co. AssociatesCourt of Appeals of Georgia · 1965
  5. MacKler v. LahmanSupreme Court of Georgia · 1943

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