Supreme Court of Georgia, 1901

Rodgers v. Caldwell

Supreme Court of Georgia · Decided January 25, 1901 · Little

112 Ga. 635; 37 S.E. 866; 1901 Ga. LEXIS 31

Cases that cite this one

6 later published cases cite this decision.

Jowers & Son v. Kirkpatrick Hardware Co. (Ga. Ct. App. 1918)
HARTSFIELD COMPANY NO. 3, INC. v. Williams (Ga. Ct. App. 1966)
Hamby v. Hamby (Ga. Ct. App. 1955)
Jones v. North American Life Insurance (Ga. Ct. App. 1933)
Howard v. Wellham (Ga. 1902)
Thornton v. Mutual Building & Loan Ass'n (Ga. 1901)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Little, J.

While a 'written demurrer duly filed is the proper mode of practice to cause the dismissal of an answer to a plaintiff’s petition, which is defective in form and does not, as a matter of law, set up any defense to the action, yet this court will not reverse a judgment striking such a plea on a hearing had on oral motion.

The answer filed in the present case sets up no legal defense to the action.

Judgment affirmed.

All the Justices concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.