Medlock v. Aycock
Court of Appeals of Georgia
Action for money had and received; from city court of Madison— Judge Anderson. July 20, 1914. The action was by “R. B. Aycock and C. S. Baldwin, sheriff of” Morgan county, Georgia, for the use of Bearden & Higginbotham, against 0. 0. Medlock. The petition contained the following allegations: “ (1) Said R. B. Aycock was during the year 1912, and until January 1, 1913, sheriff of said county.
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Action for money had and received; from city court of Madison— Judge Anderson. July 20, 1914. The action was by “R. B. Aycock and C. S. Baldwin, sheriff of” Morgan county, Georgia, for the use of Bearden & Higginbotham, against 0. 0. Medlock. The petition contained the following allegations: “ (1) Said R. B. Aycock was during the year 1912, and until January 1, 1913, sheriff of said county. Said C. S. Baldwin became sheriff of said county on January 1, 1913, and is now sheriff of said county and so acting. (2) On November 29, 1912, there issued from the city court of Madison a mortgage fi.…
1Opinion of the CourtBroyles, J.
1. The petition set forth a cause of action and could not be dismissed on general demurrer. To be subject to general demurrer, a petition must be utterly lifeless. If there is a spark of life in it, it is good against such a demurrer, and any defects therein which can be cured by amendment must be reached by special demurrer.
2. The special demurrer was too vague and indefinite. It did not clearly or sufficiently point out any specific defects in the petition, and was properly overruled. A demurrer, in attempting to point out such defects, can not' use such vague and general language as to…
2Cited by16 opinions
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