Rodgers v. Caldwell

37 S.E. 866, 112 Ga. 635, 1901 Ga. LEXIS 31
Supreme Court of Georgia·Decided January 25, 1901·Published·Cited by 6 cases

Opinion

Little, J.

While a 'written demurrer duly filed is the proper mode of practice to cause the dismissal of an answer to a plaintiff’s petition, which is defective in form and does not, as a matter of law, set up any defense to the action, yet this court will not reverse a judgment striking such a plea on a hearing had on oral motion.

The answer filed in the present case sets up no legal defense to the action.

Judgment affirmed.

All the Justices concurring.

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Rodgers v. Caldwell, 37 S.E. 866, 112 Ga. 635, 1901 Ga. LEXIS 31 (Ga. 1901).

37 S.E. 866 (Rodgers v. Caldwell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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