Clarke County School District v. Madden

Carlisle, Judge.

A general demurrer denies the right of the plaintiff to the relief sought while admitting all properly pleaded allegations in the petition to be true. Code § 81-304. While a petition on general demurrer must be construed most strongly against the pleader, yet the test as to whether a petition can withstand a general demurrer is, can the defendant admit all of the properly pleaded allegations therein and still escape liability. Harvey v. Zell, 87 Ga. App. 280, 284 (73 S. E. 2d 605). “A cause of action is made up of two elements; namely, a duty and a breach of it” (Bell v. Fitz,…