Home/Supreme Court of Georgia/Cochran v. McCollum

Cochran v. McCollum

210 S.E.2d 13, 233 Ga. 104, 1974 Ga. LEXIS 692
CourtSupreme Court of Georgia
DecidedOctober 25, 1974
Docket29062
StatusPublished
Cited by86 cases

This text of 210 S.E.2d 13 (Cochran v. McCollum) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cochran v. McCollum, 210 S.E.2d 13, 233 Ga. 104, 1974 Ga. LEXIS 692 (Ga. 1974).

Opinions

Hall, Justice.

Caveator appeals from a judgment of the superior court dismissing the caveat on the motion of the propounders urging that the grounds stated in the caveat were merely conclusions and failed to state any facts relied upon to prove undue influence, fraud, duress or mistake. The case originated in the court of ordinary where a judgment adverse to the caveators was entered by the ordinary.

The CPA applies to "all courts of record of the State of Georgia in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in § 81A-181.” Code Ann. § 81A-101; Gresham v. Symmers, 227 Ga. 616 (182 SE2d 764). The court of ordinary is a court of record. Wofford v. Vandiver, 72 Ga. App. 623 (34 SE2d 579).

[105]*105Submitted August 5, 1974 Decided October 25, 1974. Clayton H. Hollinsworth, Jr., for appellant. Virginia Bips, Lane & Sanders, Thomas C. Sanders, for appellees.

Under the CPA, a pleading should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. We hold this principle applicable to all pleadings including special matters (fraud, mistake and conditions precedent) under Code Ann. § 81A-109. Management Search, Inc. v. Kinard, 231 Ga. 26 (199 SE2d 899). The proper remedy for seeking more particularity is by motion for a more definite statement (Code Ann. § 81A-112 (e)) at the pleading stage or by the rules of discovery thereafter. DeWes Enterprises v. Town & Country Carpets, 130 Ga. App. 610 (203 SE2d 867). See Hayes v. Hallmark Apartments, 232 Ga. 307 (207 SE2d 197). Any language to the contrary contained in Martin v. Approved Bancredit Corp., 224 Ga. 550 (163 SE2d 885) and cases following it is hereby disapproved and will not hereafter be followed.

The trial court erred in dismissing the caveat.

Judgment reversed.

All the Justices concur, except Grice, C. J., and Nichols, P. J., who dissent.

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Bluebook (online)
210 S.E.2d 13, 233 Ga. 104, 1974 Ga. LEXIS 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochran-v-mccollum-ga-1974.