Kiser Co. v. McLean, Everett & Co.

Court of Appeals of Georgia

Kiser Co. v. McLean, Everett & Co.

58 S.E. 489, 2 Ga. App. 360, 1907 Ga. App. LEXIS 367

Court of Appeals of Georgia·Decided July 18, 1907·No. 403·Published·Cited by 1 cases

Opinion

Powell, J.

“A judgment overruling a demurrer to an answer, unless excepted to and reversed, concludes the plaintiff as to the legal sufficiency of the answer; and if the same goes to the whole of the plaintiff’s demand and is duly supported by evidence, a complete defense is established.” Louisville Coffin Co. v. Rhudy, 111 Ga. 827, 35 S. E. 632.

Judgment affirmed.

Complaint, from city court of Statesboro — Judge Brannen. December 18, 1906.

Submitted June 21, Decided July 18, 1907. Johnston & Cone, Mayson & Hill, for plaintiffs. R. Lee Moore, for defendants.

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Powell, J.

“A judgment overruling a demurrer to an answer, unless excepted to and reversed, concludes the plaintiff as to the legal sufficiency of the answer; and if the same goes to the whole of the plaintiff’s demand and is duly supported by evidence, a complete defense is established.” Louisville Coffin Co. v. Rhudy, 111 Ga. 827, 35 S. E. 632.

Judgment affirmed.

Complaint, from city court of Statesboro — Judge Brannen. December 18, 1906.

Submitted June 21, Decided July 18, 1907. Johnston & Cone, Mayson & Hill, for plaintiffs. R. Lee Moore, for defendants.

Kiser Co. v. McLean, Everett & Co., 58 S.E. 489, 2 Ga. App. 360, 1907 Ga. App. LEXIS 367 (Ga. Ct. App. 1907).

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