Georgia Court of Appeals, 1907

Kiser Co. v. McLean, Everett & Co.

Kiser Co. v. McLean, Everett & Co.
Georgia Court of Appeals · Decided July 18, 1907 · Powell
2 Ga. App. 360; 58 S.E. 489; 1907 Ga. App. LEXIS 367

Kiser Co. v. McLean, Everett & Co.

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.

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