Groves v. Sexton
Georgia Court of Appeals
Groves v. Sexton, 5 Ga. App. 160 (1908)
62 S.E. 731; 1908 Ga. App. LEXIS 47
Russell
Groves v. Sexton
Opinion of the Court
1. A plea of payment which, fails to allege with reasonable-certainty when, how, and to whom the payment was made is insufficient, and, unless amended, should be stricken, upon demurrer, timely filed, specifically pointing out these defects-.
2. In pleading fraud, the specific facts constituting- fraud must be stated. The averment of fraud must not depend upon conclusions, but the conclusion must arise from the full, certain, and explicit statement of the facts relied upon to show fraud.
3. There was no error in sustaining the demurrer. Judgment affirmed.
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