Legal Opinion
Peek v. Fields
Court of Appeals of Georgia
Decided September 6, 1966No. 41992PublishedCited by 3 opinions
1Opinion of the Court
Pannell, Judge.
1. Where general and special demurrers to a petition are overruled and no exception is taken thereto, the judgment on demurrer concludes the parties upon all questions necessarily involved in the decision of the points raised on demurrer (Gibson v. Mason, 31 Ga. App. 584 (2) (121 SE 584); Quarterman v. Godwin, 34 Ga. App. 201 (129 SE 14)), and if the plaintiff offers substantial proof of her allegations she is entitled to recover. Pierpont Mfg. Co. v. Mayor &c. of Savannah, 153 Ga. 455, 457 (112 SE 462).
2. The petition here, seeking recoveiy for injury suffered when plaintiff…
2Cases cited5 opinions
- Pierpont Mfg. Co. v. Mayor of SavannahSupreme Court of Georgia · 1922
- Branan v. LaGrange Truck Lines, Inc.Court of Appeals of Georgia · 1956
- Gibson v. MasonCourt of Appeals of Georgia · 1924
- Quarterman v. GodwinCourt of Appeals of Georgia · 1925
- Howard v. Citizens & Southern BankCourt of Appeals of Georgia · 1924
3Cited by3 opinions
- Hartford Accident & Indemnity Co. v. SnyderCourt of Appeals of Georgia · 1972
- Jackson v. U. S. Fidelity & Guaranty Co.Court of Appeals of Georgia · 1969
- Pan American Fire & Casualty Co. v. GuessCourt of Appeals of Georgia · 1975