Legal Opinion

Speer v. Alexander

Supreme Court of Georgia

Decided February 11, 1920No. 1497PublishedCited by 35 opinions

Equitable petition. Before Judge Ellis. Pulton superior court. April 15, 1919. J. M. Speer and Mrs. Maud R. Speer brought their petition against John W. Alexander, and sought injunction and cancellation of a certain promissory note given to the defendant by the plaintiffs for the purchase-price of a certain business.

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Equitable petition. Before Judge Ellis. Pulton superior court. April 15, 1919. J. M. Speer and Mrs. Maud R. Speer brought their petition against John W. Alexander, and sought injunction and cancellation of a certain promissory note given to the defendant by the plaintiffs for the purchase-price of a certain business. It was alleged in the petition as follows: On November 8, 1915, the defendant was conducting and operating a skating-rink and a certain business accessory thereto in a building owned by him. On that day the petitioners rented the building from the defendant for a specified…

1Opinion of the CourtBeck, P. J.

(After stating the foregoing facts.) The court did not err in sustaining the motion to dismiss. .A general demurrer based upon several grounds had been sustained, and the demurrers that went to the merits of practically every paragraph of the petition had also been sustained.. The ruling sustaining the original demurrers became the law of the case, and to this ruling there was no exception. The assignment of error in the bill of exceptions is upon the ruling of the court sustaining the motion to dismiss after the amendment was submitted. The motion to dismiss was properly sustained because of…

2Cases cited1 opinion

  1. Clark v. GansonSupreme Court of Georgia · 1916

3Cited by35 opinions

  1. Smith v. BuggCourt of Appeals of Georgia · 1926
  2. Peacock Construction Co. v. ChambersSupreme Court of Georgia · 1967
  3. Georgia Railway & Power Co. v. KellySupreme Court of Georgia · 1920
  4. Chambers v. Peacock Construction Co.Court of Appeals of Georgia · 1967
  5. Howell v. Fulton Bag & Cotton MillsSupreme Court of Georgia · 1939

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