Legal Opinion
Meads v. Williams
Court of Appeals of Georgia
Decided February 4, 1937No. 25874PublishedCited by 14 opinions
1Opinion of the CourtEelton, J.
“An oral motion to strike performs the office of a general demurrer.” They are interchangeable in their uses. Such an oral motion “is ineffectual unless the pleading against which it is directed as a whole is fatally defective.” Elbert County v. Brown, 16 Ga. App. 834 (86 S. E. 651); Royal Insurance Co. v. Oliver, 50 Ga. App. 327 (2) (177 S. E. 922). An oral motion to dismiss a petition, or to strike an entire plea or answer, will not perform the function of a special demurrer, and accordingly will not reach mere defects of form, or a failure to elaborate with greater detail particular facts…
2Cases cited6 opinions
- Elbert County v. BrownCourt of Appeals of Georgia · 1915
- Mullins v. MatthewsSupreme Court of Georgia · 1905
- Minnesota Lumber Co. v. Hobbs & LivingstonSupreme Court of Georgia · 1905
- Royal Insurance v. OliverCourt of Appeals of Georgia · 1935
- Ayers v. TaylorCourt of Appeals of Georgia · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Holcombe v. JonesSupreme Court of Georgia · 1944
- A. E. Speer Incorporated v. McCorveyCourt of Appeals of Georgia · 1948
- Bigelow-Sanford Carpet Co. v. GoodroeCourt of Appeals of Georgia · 1958
- Fortner v. McCorkleCourt of Appeals of Georgia · 1948
- Haynes v. Thrift Credit UnionSupreme Court of Georgia · 1941
9 more not listed; retrieve them via the Exa API.