¶1The answer to the petition alleged facts which, if proved, would have authorized a verdict for the defendant; and the demurrer, of course, admits the truth of all facts alleged in the pleading which it attacks. The answer was not subject to general demurrer; and, in the absence of a special demurrer, the court erred in striking the answer and in directing a verdict for the plaintiff. Judgment reversed.
16 Ga. App. 389
Pray v. Pace
Decided June 3, 1915
Court of Appeals of Georgia · decided 1915-06-03
Complaint; from city court of Albany — Judge Clayton Jones. June 12, 1914. W. W. Pace sued J. K. Pray on a promissory note of the defendant to the plaintiff, dated January 31, 1911, and due two years after date, for $2,500 and interest. The court, on oral motion of the plaintiff, struck the defendant’s answer, and directed a verdict for the plaintiff.
Cited by 1 later decisions — most recently January 1949
1 state decisions
Relies on Farnsworth v. Duffner · Andrus v. St. Louis Smelting & Refining Co. · Pryor v. Ludden & Bates Southern Music House
Good law ✅— No negative treatment on recordhow we know
Decided 1915-06-03
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