Hopkins v. West Publishing Co.

Bell, Judge.

Plaintiff contends that this petition in both counts was pleaded in the short or “Jack Jones” form and, therefore, must be held to set out a cause of action. The form of such a petition is sufficient if it follows the form allowed by the statute and no additional averments are necessary to let in the proof essential to a recovery. Henry Darling, Inc. v. Harvey-Given Co., 40 Ga. App. 771 (1) (151 SE 518). However, where additional averments are placed in the petition, it is to be tested by the usual rules for construction of a petition and is not protected under the statute from…