Kiser Co. v. McLean, Everett & Co.

Georgia Court of Appeals July 18, 1907

Kiser Co. v. McLean, Everett & Co., 2 Ga. App. 360 (1907)

58 S.E. 489; 1907 Ga. App. LEXIS 367

Powell

Opinion of the Court

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.

Reference

Full Case Name: Kiser Company v. McLean, Everett & Company
Cited By: 1 case
Status: Published