Supreme Court of Georgia, 1900

Louisville Coffin Co. v. Rhudy

Louisville Coffin Co. v. Rhudy
Supreme Court of Georgia · Decided April 11, 1900 · Lumpkin
111 Ga. 827; 35 S.E. 632; 1900 Ga. LEXIS 769
Louisville Coffin Co. v. Rhudy

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Opinion of the Court

Lumpkin, P. J.

1. A judgment overruling a demurrer to an answer, unless excepted to and reversed, concludes the plaintiff as to the legal sufficiency of theanswer; andif the samegoes to the wholeof the plaintiff’s demand and is duly supported by evidence, a complete defense is established.

2. Applying this rule to the evidence appearing in the record, the court did not err in directing a verdict in favor of the defendant.

3. No material error of law was committed by the court below, and the newly discovered evidence presents no cause for a neiy trial.

Judgment affirmed.

All the Justices concurring.

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