Greene v. Smith
Greene v. Smith
Opinion of the Court
“It has been held many times that a demurrer, ‘being a critic, must itself be free from imperfection.’ This is particularly true of a special demurrer, which must point out clearly and specifically the alleged imperfection in the pleading attacked by it. It ‘must lay its finger, as it were, upon the very point.’ ” Martin v. Gurley, 74 Ga. App. 642, 643 (40 SE2d 787). “ ‘ (A) special demurrer must not only point out
The plaintiff does not complain of the judgment overruling his general demurrer to the answer, and thus, even assuming without deciding that the defendant failed to set forth an adequate defense to the plaintiff’s petition, it is the law of the case that a finding for the defendant would be authorized if the allegations of his alleged defense were supported by competent evidence. See in this connection Cloud v. Stewart, 92 Ga. App. 247 (88 SE2d 323); Atlantic C. L. R. Co. v. Clements, 92 Ga. App. 451, 457 (88 SE2d 809), and citations.
The plaintiff testified that he was a stockholder, officer and director of the corporation that had issued the debentures referred to in the defendant’s answer, that he owned other debentures in such corporation, that such corporation had been taken over by another corporation and under an arrangement with such corporation the interest on all outstanding debentures was being paid except those owned by the plaintiff. He also testified that the debentures were in his custody. Other evidence was adduced to show that a notation had been made on the company records that the plaintiff owned such debentures, and the defendant testified to the facts alleged in his answer. Accordingly, the judgment for the defendant was authorized by the evidence.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.