Bowen v. Samuels

Wyatt, Justice.

With reference to the general demurrer, the question presented to this court is, did the petition set forth a cause of action for any of the relief sought? “Where the demurrer going to the whole bill is overruled, it is an adjudication that the complainant is entitled to some relief, but the extent of the relief is still an open question.” Johnson & Smith v. Wheelock, 63 Ga. 623 (2). “A petition which, though defective, sets forth a cause of action is not subject to be dismissed on general demurrer.” Lowery Lock Co. v. Wright, 154 Ga. 867 (1) (115 S. E. 801).

In the instant case…