Hester v. Carroll

Supreme Court of Georgia

Hester v. Carroll

65 S.E.2d 790, 208 Ga. 195, 1951 Ga. LEXIS 309

CourtSupreme Court of Georgia

DecidedJuly 9, 1951

DocketNo. 17507

StatusPublished

This text of 65 S.E.2d 790 (Hester v. Carroll) 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

Hester v. Carroll, 65 S.E.2d 790, 208 Ga. 195, 1951 Ga. LEXIS 309 (Ga. 1951).

Pincite

Opinion

Atkinson, Presiding Justice,

1. “Generally speaking a complaint in ejectment is sufficient if it contains averments that the plaintiff is entitled to possession and that the defendant wrongfully or unlawfully keeps him out of possession.” Kauffman v. Deese, 205 Ga. 841 (3), (55 S. E. 2d, 358), and citations.

2. The amendment to the present petition met and cured the deficiencies pointed out by the special demurrer.

3. The petition as amended set out a cause of action, and the trial court-erred in sustaining the defendant’s general and special grounds of demurrer.

Judgment reversed.

All the Justices concur. C. C. Crockett, for plaintiff. R. I. Stephens, for defendant.

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