Legal Opinion

Hopkins v. Sicro

Court of Appeals of Georgia

Decided April 30, 1963No. 40063PublishedCited by 11 opinions

1Opinion of the Court

Felton, Chief Judge.

A motion to strike, or to dismiss, is, in effect, a general demurrer and is therefore subject to the rule that it is ineffectual unless the pleading against which it is directed as a whole is fatally defective. Venable v. Gresham, 105 Ga. App. 720, 721 (125 SE2d 507) and citations. The petition alleged that the plaintiff was driving within her own lane at a reasonable rate of speed; that the collision occurred late at night and that the portion of the house which protruded into the plaintiff’s lane was unlighted; and that the defendants’ alleged acts of negligence were the…

2Cases cited3 opinions

  1. Madison v. MontgomerySupreme Court of Georgia · 1949
  2. City of McRae v. FolsomSupreme Court of Georgia · 1940
  3. Venable v. GreshamCourt of Appeals of Georgia · 1962

3Cited by11 opinions

  1. Associated Software Consultants Organization, Inc. v. WysockiCourt of Appeals of Georgia · 1985
  2. Bentley v. StateCourt of Appeals of Georgia · 1974
  3. Stewart v. StatenCourt of Appeals of Georgia · 1973
  4. Cherry v. StateCourt of Appeals of Georgia · 1975
  5. Cornog v. StateCourt of Appeals of Georgia · 1973

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