Frady v. Georgia Farmers Fire Insurance

1. Notwithstanding a petition may fail to set out a cause of action and therefore may not be good as against a general demurrer, in that certain allegations as to facts which are essential to the plaintiff’s right to recover are omitted from the petition, it is amendable where it shows a plaintiff and a defendant and contains allegation's “sufficient to indicate and specify some particular fact or transaction as a cause of action.” Civil Code (1910), § 5682. Where the petition in a suit to recover for loss under a fire-insurance policy contains no allegation that the plaintiff had ever been…