Legal Opinion
Katz v. Turner
Court of Appeals of Georgia
Decided April 6, 1934No. 23397PublishedCited by 9 opinions
1Opinion of the CourtGuerry, J.
1. Where a judge, in sustaining a special demurrer, provides an opportunity for the plaintiff to amend his petition, and the amended petition is sufficient to withstand the amended demurrer (or the motion to dismiss as in the present case), the case is still in court and should not be dismissed. The court did not err in denying the defendant’s motion to dismiss the petition. Olds Motor Works v. Olds Oakland Co., 140 Ga. 400 (78 S. E. 902).
2. A demurrer, being a critic, must itself be free from faults. Douglas, Augusta, & Gulf Ry. Co. v. Swindle, 2 Ga. App. 550 (59 S. E. 600); Charleston &…
2Cases cited7 opinions
- Douglas, Augusta & Gulf Railway Co. v. SwindleCourt of Appeals of Georgia · 1907
- Alford v. DavisCourt of Appeals of Georgia · 1918
- Olds Motor Works v. Olds Oakland Co.Supreme Court of Georgia · 1913
- Charleston & Western Carolina Railway Co. v. LyonsCourt of Appeals of Georgia · 1909
- Medlock v. AycockCourt of Appeals of Georgia · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thomas v. BarnettCourt of Appeals of Georgia · 1963
- Veal v. BeallSupreme Court of Georgia · 1939
- Hirsh v. AndrewsCourt of Appeals of Georgia · 1950
- Hoffman v. Louis L. Battey PostCourt of Appeals of Georgia · 1946
- Parker Heating Co. v. Minneapolis-Honeywell Regulator Co.Court of Appeals of Georgia · 1960
4 more not listed; retrieve them via the Exa API.