Groves v. Sexton

Court of Appeals of Georgia

Groves v. Sexton

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

CourtCourt of Appeals of Georgia

DecidedNovember 10, 1908

Docket1305

StatusPublished

Cited by4 cases

This text of 62 S.E. 731 (Groves v. Sexton) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

Pincite

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.

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