Legal Opinion
McClaren v. Williams
Supreme Court of Georgia
Decided March 11, 1909PublishedCited by 17 opinions
Complaint. Before Judge Gober. Cobb superior court. January 6, 1908.
1Opinion of the CourtHolden, J.
1. Where a petition shows that the cause of action is barred by the statute of limitations, it is subject to demurrer on this ground. Thornton v. Jackson 129 Ga. 700 (59 S. E. 905); Lang v. Camp Phosphate Co., 113 Ga. 1011 (39 S. E. 474).
2. Where a demurrer to a petition contained general and special grounds, and the court sustained, “the demurrer” and dismissed the petition, there is no presumption that the ruling was based on any particular ground of the demurrer, but the judgment will be treated as sustaining the entire demurrer upon all of its grounds, and the judgment will be affirmed if…
2Cases cited5 opinions
- Huggins v. Southeastern Lime & Cement Co.Supreme Court of Georgia · 1904
- Thornton v. JacksonSupreme Court of Georgia · 1907
- Gunn v. JamesSupreme Court of Georgia · 1904
- Lang & Co. v. Camp Phosphate Co.Supreme Court of Georgia · 1901
- Killough & Co. v. SimmonsSupreme Court of Georgia · 1906
3Cited by17 opinions
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Adams v. JohnsonSupreme Court of Georgia · 1936
- Herring v. SmithSupreme Court of Georgia · 1914
- Chambers v. SchallSupreme Court of Georgia · 1952
- Dalrymple v. Brunswick Coca-Cola Bottling Co.Court of Appeals of Georgia · 1935
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