Higginbotham v. Conway

Supreme Court of Georgia

Higginbotham v. Conway

39 S.E. 550, 113 Ga. 1155, 1901 Ga. LEXIS 528

CourtSupreme Court of Georgia

DecidedJuly 24, 1901

StatusPublished

Cited by7 cases

This text of 39 S.E. 550 (Higginbotham v. Conway) 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

Higginbotham v. Conway, 39 S.E. 550, 113 Ga. 1155, 1901 Ga. LEXIS 528 (Ga. 1901).

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Opinion

Lewis, J.

The reporter’s statement sufficiently sets forth the nature of this case and the character of the answer filed by the defendant. The court sustained a general demurrer to this defense. We think this was clearly error. Portions of the answer may not be able to withstand a special demurrer, but as against a general demurrer there is unquestionably enough in them to take the case to the jury. See Treadaway v. Richards, 92 Ga. 264.

Judgment reversed.

All the Justices concurring.

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Lewis, J.

The reporter’s statement sufficiently sets forth the nature of this case and the character of the answer filed by the defendant. The court sustained a general demurrer to this defense. We think this was clearly error. Portions of the answer may not be able to withstand a special demurrer, but as against a general demurrer there is unquestionably enough in them to take the case to the jury. See Treadaway v. Richards, 92 Ga. 264.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)

39 S.E. 550, 113 Ga. 1155, 1901 Ga. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higginbotham-v-conway-ga-1901.

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