Waters v. Booth
Waters v. Booth
Opinion of the Court
It appears that the plaintiff brought an equitable petition against the Scottish American Mortgage Company Limited, in which she sought to enjoin that company from selling certain described land in Bulloch County under a power of sale contained in a deed to secure a debt, given by the plaintiff to the company. She asked that the contract under which the security deed was
A petition should not be dismissed upon general demurrer, if in any portion thereof it sets forth a good cause of action, though other portions of the petition may properly be stricken. “A general demurrer goes to the whole pleading to which it is addressed, and should be overruled if any part thereof is good in substance. The bad part in pleading does not make the whole bad; the good part makes the whole good enough to withstand a general demurrer.” Blaylock v. Hackel, 164 Ga. 257 (138 S. E. 333), and cit.
The judge erred 'in dismissing the petition as to the Scottish American Mortgage Company Limited, upon his own motion. The defendant named had not filed any pleading invoking relief of any kind. Upon the demurrer of Booth the court correctly held that this defendant was improperly joined in the action brought against the Scottish American Mortgage Company. Limited, and for that reason the court could properly have ordered that the allegations with reference to the defendant Booth be stricken from the action; but since, in sustaining the demurrer interposed by Booth, the petition was thus amended by the ruling of the court, there was left remaining a good cause of action against the Scottish American Mortgage Company Limited. Especially is this true where the mortgage company had not been served, nor was any attack made upon the petitioner’s pleadings by that defendant either by demurrer or answer to the action. “When a petition is
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.