Legal Opinion

Greene v. Smith

Court of Appeals of Georgia

Decided March 2, 1966No. 41823Published

1Opinion of the Court

Nichols, Presiding Judge.

“It has been held many times that a demurrer, ‘being a critic, must itself be free from imperfection.’ This is particularly true of a special demurrer, which must point out clearly and specifically the alleged imperfection in the pleading attacked by it. It ‘must lay its finger, as it were, upon the very point.’ ” Martin v. Gurley, 74 Ga. App. 642, 643 (40 SE2d 787). “ ‘ (A) special demurrer must not only point out *318the defect in the pleading attacked but also must specifically state the reason why such pleading is subject to the criticism made of it.’ Bartow County v.…

2Cases cited5 opinions

  1. Atlantic Coast Line Railroad v. ClementsCourt of Appeals of Georgia · 1955
  2. Martin v. GurleyCourt of Appeals of Georgia · 1946
  3. Cloud v. StewartCourt of Appeals of Georgia · 1955
  4. Hughes v. JacksonCourt of Appeals of Georgia · 1964
  5. Bartow County v. DarnellCourt of Appeals of Georgia · 1957

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