Charles S. Martin Distributing Co. v. Banks

Jordan, Judge.

In a suit in trover, the denial of any paragraph alleging facts essential to the plaintiff’s recovery forms a valid, issuable defense; hence an answer containing such denial is not subject to general demurrer. Thompson v. Reese, 105 Ga. App. 826, 827 (125 SE2d 726). The defendant in his answer denied each paragraph of the plaintiff’s petition and the trial court did not err in overruling plaintiff’s motion to strike in the nature of a general demurrer.

To recover in a trover action, the plaintiff must first show that he had legal title to or the right of possession of the…