James v. Atlanta Street Railroad
Supreme Court of Georgia
Railroads. Negligence. Husband and wife. Pleading and practice. Before Judge Westmoreland. City court of Atlanta. Separate actions were brought against the railroad company by John J. James, and by his wife Lou James. The head-notes sufficiently state the material allegations of the declarations, and the ground of the motions to dismiss made at the trial. No demurrer was filed at the first term.
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Railroads. Negligence. Husband and wife. Pleading and practice. Before Judge Westmoreland. City court of Atlanta. Separate actions were brought against the railroad company by John J. James, and by his wife Lou James. The head-notes sufficiently state the material allegations of the declarations, and the ground of the motions to dismiss made at the trial. No demurrer was filed at the first term. The motions to dismiss were sustained, and the plaintiffs brought bills of exceptions.
1Opinion of the Court
Lumpkin, Justice.
Under section 3332 of the code, every declaration shall plainly, fully and distinctly set forth the cause of action, and this should be done in order that the defendant may without difficulty understand the nature of the plaintiff’s charge or demand, and make preparation to meet it. For want of sufficiency in the respects indicated, a demurrer will lie, which should be sustained unless the plaintiff’, by proper amendment, cures the *697defects in his declaration. Where no cause of action whatever is set forth, the defendant may move at any term to dismiss the action, because upon…
2Cases cited1 opinion
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
3Cited by3 opinions
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Calhoun v. MosleySupreme Court of Georgia · 1902
- South Carolina & Georgia Railroad v. Augusta Southern RailroadSupreme Court of Georgia · 1900