Moore v. Roberts

Court of Appeals of Georgia

Moore v. Roberts

190 S.E. 41, 55 Ga. App. 268, 1937 Ga. App. LEXIS 64

CourtCourt of Appeals of Georgia

DecidedFebruary 13, 1937

Docket25970

StatusPublished

Cited by7 cases

This text of 190 S.E. 41 (Moore v. Roberts) 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

Moore v. Roberts, 190 S.E. 41, 55 Ga. App. 268, 1937 Ga. App. LEXIS 64 (Ga. Ct. App. 1937).

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Opinion

Felton, J.

1. For one maliciously and without justifiable cause to induce one to break a contract with another to the latter’s damage is actionable. Luke v. Dupree, 158 Ga. 590 (124 S. E. 13). Accordingly, a petition substantially so alleging, without alleging how the contract would benefit the petitioners, or in what particular they would be damaged, stated a cause of action as against a general demurrer. Further and more detailed allegations, if desired, should have been called for by special demurrer. Code, §§ 81-1301, 81-1302.

2. A petition which fails to show jurisdiction of the person of the defendant, by failing to allege that she is a resident of the county in which the suit is brought, is not subject to a demurrer which does not specifically point out that defect. Burton v. Wadley Southern Ry. Co., 25 Ga. App. 599 (2), 605, (103 S. E. 881); Rose v. Mines, 25 Ga. App. 791 (104 S. E. 784).

Judgment reversed.

Stephens, P. J., and Sutton, J., concur.

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Felton, J.

1. For one maliciously and without justifiable cause to induce one to break a contract with another to the latter’s damage is actionable. Luke v. Dupree, 158 Ga. 590 (124 S. E. 13). Accordingly, a petition substantially so alleging, without alleging how the contract would benefit the petitioners, or in what particular they would be damaged, stated a cause of action as against a general demurrer. Further and more detailed allegations, if desired, should have been called for by special demurrer. Code, §§ 81-1301, 81-1302.

2. A petition which fails to show jurisdiction of the person of the defendant, by failing to allege that she is a resident of the county in which the suit is brought, is not subject to a demurrer which does not specifically point out that defect. Burton v. Wadley Southern Ry. Co., 25 Ga. App. 599 (2), 605, (103 S. E. 881); Rose v. Mines, 25 Ga. App. 791 (104 S. E. 784).

Judgment reversed.

Stephens, P. J., and Sutton, J., concur.

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Bluebook (online)

190 S.E. 41, 55 Ga. App. 268, 1937 Ga. App. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-roberts-gactapp-1937.

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