Legal Opinion

Busby v. Marshall

Court of Appeals of Georgia

Decided February 24, 1908No. 889PublishedCited by 22 opinions

Complaint, from city court of Floyd county' — -Judge Hamilton. November 7, 1907.

1Opinion of the CourtPowell, J.

The plaintiff brought a previous suit against the ■defendant on this same cause of action, and, special demurrers having been sustained, the judgment was affirmed by the Supreme Court. See Busby v. Marshall, 125 Ga. 645 (54 S. E. 646). In suing over, the plaintiff remedied the defect upon which the Supreme Court seems to have based its judgment. However, special demurrers were filed to the new suit, and sustained. We think the petition is sufficiently definite to withstand the objections made. Reasonable definiteness and certainty in pleading is all that is required; and factitious demands by…

2Cases cited3 opinions

  1. Hicks v. HamiltonCourt of Appeals of Georgia · 1907
  2. Glenn v. HillSupreme Court of Georgia · 1873
  3. Busby v. MarshallSupreme Court of Georgia · 1906

3Cited by22 opinions

  1. Oxford v. ShumanCourt of Appeals of Georgia · 1962
  2. Jefferson Standard Life Insurance v. BentleyCourt of Appeals of Georgia · 1937
  3. Hobbs v. HollimanCourt of Appeals of Georgia · 1947
  4. Georgia-Alabama Coca-Cola Bottling Co. v. WhiteCourt of Appeals of Georgia · 1937
  5. North British & Mercantile Insurance v. ParnellCourt of Appeals of Georgia · 1936

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