Trunnell v. Hardie

Supreme Court of Georgia

Trunnell v. Hardie

138 S.E. 787, 164 Ga. 366, 1927 Ga. LEXIS 194

CourtSupreme Court of Georgia

DecidedJune 22, 1927

DocketNo. 5654

StatusPublished

This text of 138 S.E. 787 (Trunnell v. Hardie) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trunnell v. Hardie, 138 S.E. 787, 164 Ga. 366, 1927 Ga. LEXIS 194 (Ga. 1927).

Pincite

Opinion

Hill, J.

1. Tlie petition sets out a cause of action at law for the recovery of the premises in dispute. This being so, the judge erred in sustaining the general demurrer to the petition.

2. Even if the petition was not sufficiently verified to authorize the judge to grant the equitable relief prayed, this would not be a reason for dismissing the case on demurrer.

Landlord and Tenant, 36 C. J. p. 611, n. 72, 78 New.

Pleading, 31 Cyc. p. 285, n. 32.

Judgment reversed.

All the Justices concur. L. E. Moore and J. D. Shannon, for plaintiff. E.'F. Griffin Jr. and E. L. Stephens, for defendant.

Free access — add to your briefcase to read the full text and ask questions with AI