Legal Opinion
MacLeod v. Belvedale, Inc.
Court of Appeals of Georgia
Decided February 27, 1967No. 42365PublishedCited by 19 opinions
1Opinion of the Court
Bell, Presiding Judge.
1. When considered on demurrer, a petition must be construed most strongly against the pleader, and in applying this rule the petition will be construed in the light of its omissions as well as its averments. Mackler v. Lahman, 196 Ga. 535, 537 (27 SE2d 35); Toler v. Goodin, 200 Ga. 527, 534 (37 SE2d 609). The demurrer admits only well pleaded facts and does not admit conclusions, either of law or fact, where facts are not averred in support of the conclusions. Graham v. Marks, 98 Ga. 67, 73 (25 SE 931).
One seeking to foreclose a contractor’s lien for labor and materials…
2Cases cited16 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Toler v. GoodinSupreme Court of Georgia · 1946
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
- Jones v. ElyCourt of Appeals of Georgia · 1957
- Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hunter v. Benamy Realty Co.Court of Appeals of Georgia · 1967
- Gellis v. B. L. I. Construction Co.Court of Appeals of Georgia · 1978
- L. Gregg Ivey, Inc. v. LandCourt of Appeals of Georgia · 1979
- Clark's Super Gas, Inc. v. Tri-State Systems, Inc.Court of Appeals of Georgia · 1973
- Genins v. GeigerCourt of Appeals of Georgia · 1977
14 more not listed; retrieve them via the Exa API.