Childs v. Blaine

1. It has long been a familiar rule of pleading and practice that if a petition sets out a cause of action under any theory it is error to dismiss the action, as against general demurrer. Wometco Theatres Inc. v. United Artists Corp., 53 Ga. App. 509, 511 (186 S. E. 572); Ford v. Fargason, 120 Ga. 708 (48 S. E. 180); Boyd v. McArthur, 120 Ga. 974 (48 S. E. 358). In this case the trial court sustained the general demurrer and, therefore, necessarily held that the petition failed to state a cause of action under any theory. The plaintiff did not take exception to that judgment, but under the…