Hirshburg v. Bradley

Court of Appeals of Georgia

Hirshburg v. Bradley

110 S.E. 426, 27 Ga. App. 756, 1921 Ga. App. LEXIS 400

CourtCourt of Appeals of Georgia

DecidedDecember 13, 1921

Docket12724

StatusPublished

This text of 110 S.E. 426 (Hirshburg v. Bradley) 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

Hirshburg v. Bradley, 110 S.E. 426, 27 Ga. App. 756, 1921 Ga. App. LEXIS 400 (Ga. Ct. App. 1921).

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Opinion

Luke, J.

The petition in this case was not subject to the demurrer urged. The demurrer, “ speaking,” disclosed a state of facts which, if true, perhaps would have been a defense to the action of the plaintiff, but the petition attacked by the demurrer did not disclose these facts. Admitting the allegations of the petition as amended to be true (which must be done when passing upon the demurrer), it was not error to overrule the demurrer.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur. John C. Butt, S. Holderness, for plaintiff in error. Boykin & Boykin, contra.

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Luke, J.

The petition in this case was not subject to the demurrer urged. The demurrer, “ speaking,” disclosed a state of facts which, if true, perhaps would have been a defense to the action of the plaintiff, but the petition attacked by the demurrer did not disclose these facts. Admitting the allegations of the petition as amended to be true (which must be done when passing upon the demurrer), it was not error to overrule the demurrer.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur. John C. Butt, S. Holderness, for plaintiff in error. Boykin & Boykin, contra.

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Bluebook (online)

110 S.E. 426, 27 Ga. App. 756, 1921 Ga. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirshburg-v-bradley-gactapp-1921.