Legal Opinion

Westbrook v. Griffin

Court of Appeals of Georgia

Decided July 12, 1921No. 12436PublishedCited by 5 opinions

Complaint; from city court of Americus — Judge Harper. March 22, 1921.

1Opinion of the CourtBroyles, C. J.

1. Where a petition is met with a general demurrer which sets out that no cause of action is shown by the petition, the judgment sustaining the demurrer, if not reversed, is a bar to any subsequent suit by the plaintiff against the defendant on the claim or demand set forth in the petition, either upon the ground set forth therein, or upon any other grounds which could have been added thereto by amendment. Satterfield v. Spier, 114 Ga. 127, 132 (39 S. E. 930); McElmurray v. Blodgett, 120 Ga. 9, 15 (47 S. E. 531). However, a demurrer, which states that “ defendant demurs to the petition…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
  2. McElmurray v. BlodgettSupreme Court of Georgia · 1904
  3. Wolfe v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1909
  4. Satterfield v. SpierSupreme Court of Georgia · 1901

3Cited by5 opinions

  1. Collins v. MorrisSupreme Court of Georgia · 1994
  2. Goldstein v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
  3. Sikes v. MarkhamCourt of Appeals of Georgia · 1947
  4. Frist v. U. S. 5 & 10c Stores, Inc.Court of Appeals of Georgia · 1964
  5. Collins v. MorrisSupreme Court of Georgia · 1994

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