Legal Opinion

Powell v. Wood

Supreme Court of Georgia

Decided July 1, 1936No. 11057PublishedCited by 3 opinions

1Opinion of the Court

Hutcheson, Justice.

General demurrers to the petition, and special demurrers on the grounds of misjoinder of parties plaintiff and defendant, and causes of action, were sustained, and the petition was dismissed. A petition either in law or in equity must plainly, fully, and distinctly set forth a cause of action (Code of 1933, § 81-101) ; and it is equally important that the facts upon which the petitioner relies for recovery should clearly and distinctly show that he has a cause of action (Anderson v. Swift, 106 Ga. 748, 750, 32 S. E. 542), and the “facts must be so plainly and fully and…

2Cases cited3 opinions

  1. Murphy v. LawrenceSupreme Court of Georgia · 1847
  2. Anderson v. SwiftSupreme Court of Georgia · 1899
  3. Howell v. Rome Grocery Co.Supreme Court of Georgia · 1897

3Cited by3 opinions

  1. Welch v. WelchSupreme Court of Georgia · 1957
  2. Lanier v. Mandeville MillsSupreme Court of Georgia · 1937
  3. Butler v. JacksonCourt of Appeals of Georgia · 1956

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