Legal Opinion

Hewitt v. Malone

Court of Appeals of Georgia

Decided February 6, 1962No. 39307PublishedCited by 5 opinions

1Opinion of the Court

Nichols, Presiding Judge.

The defendants demurred specially to paragraphs 2 and 3 and the first sentence of paragraph 5 of the petition as amended as alleging conclusions without alleging facts to support them. The allegations complained of in paragraphs 2 and 3 were allegations of the ultimate facts to be proved, and how or why the check given by Bentley was dishonored, and how the defendants gained possession or how many other persons had possession of such automobile after the plaintiffs lost possession of it were not necessary averments since such allegations would be allegations of…

2Cases cited9 opinions

  1. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  2. Martin v. StateSupreme Court of Georgia · 1905
  3. McElroy v. Williams Bros. Motors, Inc.Court of Appeals of Georgia · 1961
  4. Norman v. NormanCourt of Appeals of Georgia · 1959
  5. Great American Insurance Company v. GusmanCourt of Appeals of Georgia · 1949

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Merrill v. Allen (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
  2. Merril v. Dietz (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
  3. Oxford v. ShumanCourt of Appeals of Georgia · 1962
  4. Hartford Fire Insurance Co. v. LewisCourt of Appeals of Georgia · 1965
  5. Hartford Fire Insurance Co. v. LewisCourt of Appeals of Georgia · 1965

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