Thompson v. Frost

Deen, Judge.

Demurrers filed prior to the effective date of the Civil Practice Act will be passed on as motions to dismiss for failure to state a claim. Banks v. Champion, 118 Ga. App. 79 (1) (162 SE2d 824); Dean v. Gainesville Stone Co,, 118 Ga. App. 142 (5) (162 SE2d 858). The petition will not be dismissed unless the averments disclose with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proved in support of the claim. Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 260). Demurrers 1, 2 and 4 are therefore equivalent to motions to…