Legal Opinion
Johnson v. Young
Court of Appeals of Georgia
Decided May 18, 1949No. 32453PublishedCited by 11 opinions
1Opinion of the CourtGardner, J.
The plaintiffs in error contend that since a suit might be brought in the Civil Court of Fulton County by a summons, as may be done in a justice of the peace court, the court erred in sustaining the demurrer for this reason. Even in a justice’s court a plaintiff is required to set up the facts relied upon with some certainty. See Vaughan v. McDaniel, 73 Ga. 97; Peeples v. Strickland, 101 Ga. 829, 831 (29 S. E. 22). The plaintiff is thus required to set forth his cause of action “with some degree of certainty.” The plaintiffs in the instant original petition undertook to set out, and we think…
2Cases cited25 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Cooper v. Portner Brewing Co.Supreme Court of Georgia · 1901
- Maxwell v. HarrisonSupreme Court of Georgia · 1850
- Jones v. RobinsonSupreme Court of Georgia · 1931
- Augusta Land Co. v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1913
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3Cited by11 opinions
- Kollen v. High Point Forest, Inc.Court of Appeals of Georgia · 1961
- Cooper v. VaughanCourt of Appeals of Georgia · 1950
- Postell v. HearnCourt of Appeals of Georgia · 1961
- Salomon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1965
- C & G Candler, Inc. v. Georgia Power Co.Court of Appeals of Georgia · 1976
6 more not listed; retrieve them via the Exa API.