Legal Opinion
Tri-City Sanitation, Inc. v. Action Sanitation Service, Inc.
Supreme Court of Georgia
Decided April 8, 1971No. 26356PublishedCited by 5 opinions
1Opinion of the Court
Felton, Justice.
When the sufficiency of the complaint is questioned by a motion to dismiss for failure to state a claim for which relief may be granted, "the new rules require that it be construed in the light most favorable to the plaintiff with all *490doubts resolved in his favor even though unfavorable constructions are possible. Not unless the allegations of the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts should the complaint be dismissed. Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 260).” Ghitter v. Edge, 118…
2Cases cited3 opinions
- Harper v. DeFreitasCourt of Appeals of Georgia · 1968
- Ghitter v. EdgeCourt of Appeals of Georgia · 1968
- Fender v. FenderSupreme Court of Georgia · 1970
3Cited by5 opinions
- Frady v. IrvinSupreme Court of Georgia · 1980
- Tri-City Sanitation v. Action Sanitation ServiceSupreme Court of Georgia · 1971
- Preferred Risk Mutual Insurance v. JonesSupreme Court of Georgia · 1975
- What It Is, Inc. v. JacksonSupreme Court of Georgia · 1978
- Black v. Cotton States InsuranceCourt of Appeals of Georgia · 1979