McGill v. Dowman

Jenkins, Justice.

Even though a plaintiff might not be entitled to equitable relief under his averments or prayers, the petition should not be dismissed on general demurrer if it states a cause of action good at law, since in such a case he would be entitled to prove and enforce his strictly legal rights and remedies according to the rules of law. Latham v. Fowler, 192 Ga. 686, 690 (16 S. E. 2d, 591), and cit. According^, since the original petition against a husband, and wife was an action of ejectment in the usual form, to which there was no demurrer, the suit was maintainable irrespective…