Whittier v. Nationwide Mutual Insurance
Court of Appeals of Georgia
1Opinion of the Court
Pannell, Judge.
1. The cardinal rule for the construction of a petition is to ascertain the intention of the pleader. Cook v. Grimsley, 175 Ga. 138 (165 SE 30). Pleadings, on demurrer, are construed as a whole and given their natural intent. Georgia Power Co. v. Leonard, 187 Ga. 608, 614 (4) (1 SE2d 579). The final test of the sufficiency of a petition is whether the defendant can admit all that is alleged and escape liability. Pullman Palace Car Co. v. Martin, 92 Ga. 161, 164 (18 SE 364).
2. Where a suit on account for a named sum has attached thereto and made a pari thereof as an exhibit a…
2Cases cited4 opinions
- Georgia Power Co. v. LeonardSupreme Court of Georgia · 1939
- Pullman Palace Car Co. v. MartinSupreme Court of Georgia · 1893
- Cook v. GrimsleySupreme Court of Georgia · 1932
- Armstrong v. Security Life & Trust Co.Court of Appeals of Georgia · 1963