Felker v. Still

169 S.E. 897, 177 Ga. 160, 1933 Ga. LEXIS 137

Procedural entryThis page is a short order in Felker v. Still. Read the opinion of the Court — 176 Ga. 735 →

Supreme Court of Georgia·Decided June 13, 1933·No. No. 9437·Published

Opinion

Hill, J.

. 1. It appears from the allegations of the petition that the questions in issue in the present ease have been adjudicated on affidavit of illegality.

2. On construction of paragraphs 13 and 14 of the petition, the plaintiff admits that there is some amount due, but does not pay or tender any amount. In such circumstances the plaintiff must pay or tender such amount as is admitted to be due. Hardwick v. Dalton, 140 Ga. 633 (79 S. E. 533).

3. Under the allegations of the petition the court did not err in sustaining the demurrer.

Judgment affirmed.

All the Justices concur, except Russell, O. J., disqualified, and Atkinson, J., who dissents. J. H. Fellcer, for plaintiff. H. C. Gox and Orrin Roberts, for defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, J.

. 1. It appears from the allegations of the petition that the questions in issue in the present ease have been adjudicated on affidavit of illegality.

3. Under the allegations of the petition the court did not err in sustaining the demurrer.

Judgment affirmed.

All the Justices concur, except Russell, O. J., disqualified, and Atkinson, J., who dissents. J. H. Fellcer, for plaintiff. H. C. Gox and Orrin Roberts, for defendant.

Felker v. Still, 169 S.E. 897, 177 Ga. 160, 1933 Ga. LEXIS 137 (Ga. 1933).

Pincite

169 S.E. 897 (Felker v. Still) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Hall v. Mayor of Calhoun

79 S.E. 533 (Supreme Court of Georgia, 1913)

Hardwick v. City of Dalton

79 S.E. 553 (Supreme Court of Georgia, 1913)

Opinion

Related