Hall v. Georgia Railroad & Banking Co.

Court of Appeals of Georgia

Hall v. Georgia Railroad & Banking Co.

103 S.E. 849, 25 Ga. App. 459, 1920 Ga. App. LEXIS 4

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1920

Docket11432

StatusPublished

This text of 103 S.E. 849 (Hall v. Georgia Railroad & Banking Co.) 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.

Bluebook

Hall v. Georgia Railroad & Banking Co., 103 S.E. 849, 25 Ga. App. 459, 1920 Ga. App. LEXIS 4 (Ga. Ct. App. 1920).

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Opinion

Luke, J.

The petition did not set out a cause of action and was properly dismissed on general demurrer. While the only demurrer sent up with the record is a special demurrer, the bill of exceptions and the judgment excepted to show that the petition was dismissed on a general, and not a special, demurrer; and this is conceded in the briefs of counsel for both parties. Counsel for the plaintiff in error says in his brief: “A general demurrer was filed to the petition and was sustained, and the only question presented to this court is whether the petition sets forth a cause of action.”

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

The petition did not set out a cause of action and was properly dismissed on general demurrer. While the only demurrer sent up with the record is a special demurrer, the bill of exceptions and the judgment excepted to show that the petition was dismissed on a general, and not a special, demurrer; and this is conceded in the briefs of counsel for both parties. Counsel for the plaintiff in error says in his brief: “A general demurrer was filed to the petition and was sustained, and the only question presented to this court is whether the petition sets forth a cause of action.”

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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Bluebook (online)

103 S.E. 849, 25 Ga. App. 459, 1920 Ga. App. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-georgia-railroad-banking-co-gactapp-1920.