Legal Opinion

Whittier v. Nationwide Mutual Insurance

Court of Appeals of Georgia

Decided April 30, 1964No. 40658Published

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

  1. Georgia Power Co. v. LeonardSupreme Court of Georgia · 1939
  2. Pullman Palace Car Co. v. MartinSupreme Court of Georgia · 1893
  3. Cook v. GrimsleySupreme Court of Georgia · 1932
  4. Armstrong v. Security Life & Trust Co.Court of Appeals of Georgia · 1963

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