Legal Opinion · Dissent

Bedgood v. Employees Retirement System

Supreme Court of Georgia

Decided October 20, 1976No. 31541Published

1DissentHall, Justice

In my opinion, this judgement should be reversed and the two decisions (Wood and Glover) relied upon as precedent in the majority opinion should be overruled. Both Wood and Glover applied the old demurrer rules of pleading which required the pleader to set forth all the elements of the cause of action or else be dismissed. They are in conflict with the CPA and the following decisions of this court relating to a motion to dismiss a complaint for failing to set forth a claim for relief. Rhyne v. Garfield, 236 Ga. 694 (225 SE2d 43) (1976); Dillingham v. Doctors Clinic, 236 Ga. 302 (223 SE2d…

2Cases cited19 opinions

  1. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  2. Summer-Minter & Associates, Inc. v. GiordanoSupreme Court of Georgia · 1973
  3. Bourn v. HerringSupreme Court of Georgia · 1969
  4. Cochran v. McCollumSupreme Court of Georgia · 1974
  5. Dillingham v. Doctors Clinic, P. A.Supreme Court of Georgia · 1976

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