Glynn Lumber Co. v. McCann

Duckworth, Justice.

1. “Duplicity in pleading on the part of a plaintiff consists, not in asserting a right to and praying for relief inappropriate to the cause of action sét forth in his petition, but in making therein equivocal statements with a view to getting the benefit of two or more inconsistent theories as to his right to recover, or in basing his complaint upon different versions with respect to the facts which gave rise thereto.” Orr v. Cooledge, 117 Ga. 195 (3) (43 S. E. 527) ; Smith v. McWhorter, 173 Ga. 255, 263 (160 S. E. 250) ; Hartley v. Hartley, 198 Ga. 294 (1) (31 S. E. 2d,…