Legal Opinion
Tarver v. Savannah Beach, Tybee Island
Court of Appeals of Georgia
Decided October 9, 1957No. 36838PublishedCited by 6 opinions
1Opinion of the CourtCarlisle, J.
(After stating the foregoing facts). A demurrer admits as true such facts alleged in the petition as are well pleaded. Code § 81-304; City of Albany v. Lippitt, 191 Ga. 756, 759 (13 S. E. 2d 807). However, a demurrer does not admit legal conclusions alleged which are not supported by facts set forth in the petition. Swafford v. Certified Finance Co., 90 Ga. App. 83, 85 (82 S. E. 2d 168); Bates v. Southern Ry. Co., 52 Ga. App. 576, 577 (183 S. E. 819). Under the foregoing rules of law, the allegations that the steps constitute an extension and a part of the public sidewalk of the defendant…
2Cases cited11 opinions
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Hulsey v. Interstate Life & Accident InsuranceSupreme Court of Georgia · 1950
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- City of Albany v. LippittSupreme Court of Georgia · 1941
- MacKler v. LahmanSupreme Court of Georgia · 1943
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3Cited by6 opinions
- Hardigree v. Housing AuthorityCourt of Appeals of Georgia · 1963
- Corder v. Fulton National BankSupreme Court of Georgia · 1967
- Nationwide Insurance Co. v. WestbrookCourt of Appeals of Georgia · 1965
- H. W. Ivey Construction Co. v. Southwest Steel ProductsCourt of Appeals of Georgia · 1965
- Parsons, Inc. v. YoungbloodCourt of Appeals of Georgia · 1962
1 more not listed; retrieve them via the Exa API.