Groves v. Sexton

Court of Appeals of Georgia

Groves v. Sexton

62 S.E. 731, 5 Ga. App. 160, 1908 Ga. App. LEXIS 47

Court of Appeals of Georgia·Decided November 10, 1908·No. 1305·Published·Cited by 4 cases

Opinion

Russell, J.

1. A plea of payment which, fails to allege with reasonable-certainty when, how, and to whom the payment was made is insufficient, and, unless amended, should be stricken, upon demurrer, timely filed, specifically pointing out these defects-.

2. In pleading fraud, the specific facts constituting- fraud must be stated. The averment of fraud must not depend upon conclusions, but the conclusion must arise from the full, certain, and explicit statement of the facts relied upon to show fraud.

3. There was no error in sustaining the demurrer. Judgment affirmed.

Citations by counsel: Ga. R. 98/173; 6/437; 68/637; 79/391; 93/785; 101/741; 110/891; 113/149. John B. Gooper, for plaintiff in error. Walter J. Grace, E. W. Maynard, contra.

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

Russell, J.

1. A plea of payment which, fails to allege with reasonable-certainty when, how, and to whom the payment was made is insufficient, and, unless amended, should be stricken, upon demurrer, timely filed, specifically pointing out these defects-.

2. In pleading fraud, the specific facts constituting- fraud must be stated. The averment of fraud must not depend upon conclusions, but the conclusion must arise from the full, certain, and explicit statement of the facts relied upon to show fraud.

3. There was no error in sustaining the demurrer. Judgment affirmed.

Citations by counsel: Ga. R. 98/173; 6/437; 68/637; 79/391; 93/785; 101/741; 110/891; 113/149. John B. Gooper, for plaintiff in error. Walter J. Grace, E. W. Maynard, contra.

Groves v. Sexton, 62 S.E. 731, 5 Ga. App. 160, 1908 Ga. App. LEXIS 47 (Ga. Ct. App. 1908).

Pincite

62 S.E. 731 (Groves v. Sexton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related