Legal Opinion
Stuart v. Berry
Court of Appeals of Georgia
Decided February 20, 1963No. 39853, 39854PublishedCited by 20 opinions
1Opinion of the Court
Russell, Judge.
It is proper, where a pleading contains objectionable and irrelevant matter, for the trial court to require the litigant to replead and purge his petition of such matter. Shaw v. Miller, 215 Ga. 413 (1c) (110 SE2d 759); Duke v. Brown, 113 Ga. 310 (11), 319 (38 SE 764). The objection to the allowance of the repleaded petition is without merit.
The petition as repleaded is identical with the matter contained in the original and the three amendments thereto with these exceptions: matter stricken by special demurrer is deleted, and some paragraphs are renumbered. Because certain…
2Cases cited16 opinions
- Spires v. GoldbergCourt of Appeals of Georgia · 1921
- Head v. LeeSupreme Court of Georgia · 1947
- BX CORPORATION v. JeterSupreme Court of Georgia · 1953
- Mitchell v. Schofield's Sons Co.Court of Appeals of Georgia · 1915
- Freeman v. Macon Gas Light & Water Co.Supreme Court of Georgia · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Georgia-Carolina Brick & Tile Co. v. BrownCourt of Appeals of Georgia · 1980
- Backus v. ChilivisSupreme Court of Georgia · 1976
- Schaefer v. Mayor &C. of AthensCourt of Appeals of Georgia · 1969
- Kirby v. ChesterCourt of Appeals of Georgia · 1985
- Ford Motor Company v. WilliamsCourt of Appeals of Georgia · 1963
15 more not listed; retrieve them via the Exa API.