Jordan v. Barksdale

Supreme Court of Georgia

Jordan v. Barksdale

102 S.E. 823, 150 Ga. 131, 1920 Ga. LEXIS 80

Supreme Court of Georgia·Decided April 15, 1920·No. No. 1665·Published

Opinion

Hill, J.

(After stating the foregoing facts.) The petition as amended contained allegations of fraud and duress. There was no special demurrer; and we think that as a whole, against a general demurrer, the petition set out a. cause of action, and that the court did not err in overruling the general demurrer. Civil Code (1910), §§ 4116, 4152, 4255, 4629; Whitt v. Blount, 124 Ga. 671 (2), 673 (53 S. E. 205); see also Dorsey v. Bryans, 143 Ga. 186 (84 S. E. 467, Ann. Cas. 1917A, 172).

Judgment affirmed,.

All the Justices concur, except Gilbert, J., absent for providential cause.

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Hill, J.

(After stating the foregoing facts.) The petition as amended contained allegations of fraud and duress. There was no special demurrer; and we think that as a whole, against a general demurrer, the petition set out a. cause of action, and that the court did not err in overruling the general demurrer. Civil Code (1910), §§ 4116, 4152, 4255, 4629; Whitt v. Blount, 124 Ga. 671 (2), 673 (53 S. E. 205); see also Dorsey v. Bryans, 143 Ga. 186 (84 S. E. 467, Ann. Cas. 1917A, 172).

Judgment affirmed,.

All the Justices concur, except Gilbert, J., absent for providential cause.

Jordan v. Barksdale, 102 S.E. 823, 150 Ga. 131, 1920 Ga. LEXIS 80 (Ga. 1920).

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