Supreme Court of Georgia, 1921

Vickery v. Swicord

Vickery v. Swicord
Supreme Court of Georgia · Decided February 18, 1921 · George
151 Ga. 145; 106 S.E. 92; 1921 Ga. LEXIS 179

Vickery v. Swicord

Opinion of the Court

George, J.

1. “A judgment overruling a general demurrer to a petition, unless excepted to and reversed, is an adjudication that' the petition sets forth a cause of .action; and the eourt may not by inT direction deprive the plaintiff of the estoppel he is entitled to urge as against the defendant.” Turner v. Willingham, 148 Ga. 274 (2) (96 S. E. 565), and cases cited.

2. The evidence for. the plaintiff tended to sustain the material allegations ' of her petition, and the court erred in granting a nonsuit and dismissing the petition.

Judgment reversed.

All the Justices concur.

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