Legal Opinion

O'Hara v. Youmans

Court of Appeals of Georgia

Decided June 21, 1950No. 33076PublishedCited by 2 opinions

1Opinion of the CourtGardner, J.

(After stating the foregoing facts.) An oral motion to dismiss a pleading in the nature of a general demurrer goes to the entire pleading and may be made at any time before verdict. “All defects which appear on the face of the pleadings may be taken advantage of by motion.” Code, § 81-302. A general motion to dismiss a petition, presented for the first time upon the trial at a term subsequent to the appearance term; cannot perform the office of a special demurrer, though it may be used as a substitute for a general demurrer. Sikes v. Hurt & Cone, 18 Ga. App. 197 (89 S. E. 181). A general…

2Cases cited11 opinions

  1. A. S. Thomas Furniture Co. v. T. & C. Furniture Co.Supreme Court of Georgia · 1904
  2. Charles v. Valdosta Foundry & Machine Co.Court of Appeals of Georgia · 1908
  3. McElhannon v. Farmers Alliance Warehouse & Commission Co.Supreme Court of Georgia · 1895
  4. Collins v. WestCourt of Appeals of Georgia · 1909
  5. Mayor & Council of Athens v. SmithSupreme Court of Georgia · 1900

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3Cited by2 opinions

  1. Pollock v. City of AlbanyCourt of Appeals of Georgia · 1953
  2. Kelly v. TingleCourt of Appeals of Georgia · 1953

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