Legal Opinion
Auld v. Schmelz
Supreme Court of Georgia
Decided July 3, 1945No. 15140PublishedCited by 7 opinions
1Opinion of the Court
1. If the pleadings are so defective that no legal judgment can be rendered, the judgment will be arrested or set aside. But a judgment will not be arrested or set aside for any defect in the pleading or record that is aided by verdict, or amendable as matter of form. Code, §§ 110-702, 110-704, 110-705; Worthy v. Farmers Life Confederation, 139 Ga. 81 (76 S.E. 856).
2. The prayers contained in the defendant's answer and amendments, considered with the plaintiff's petition, were sufficient as a matter of pleading to support the money verdict in favor of the defendant against the plaintiff,…
2Cases cited13 opinions
- Haynes v. Armour Fertilizer WorksSupreme Court of Georgia · 1917
- Rollins v. Personal Finance Co.Court of Appeals of Georgia · 1934
- Mell v. McNultySupreme Court of Georgia · 1938
- Fitzpatrick v. PauldingSupreme Court of Georgia · 1908
- Lanier v. HuguleySupreme Court of Georgia · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Windsor Forest, Inc. v. RockerCourt of Appeals of Georgia · 1967
- Auld v. SchmelzSupreme Court of Georgia · 1946
- Armstrong v. ArmstrongSupreme Court of Georgia · 1950
- Wright v. Florida-Georgia Tractor Co.Supreme Court of Georgia · 1963
- Nichols v. NicholsSupreme Court of Georgia · 1953
2 more not listed; retrieve them via the Exa API.