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MORELAND v. KILGORE

33386.

83 Ga. App. 606 (1951)

64 S.E.2d 295

MORELAND et al. v. KILGORE et al.

Court of Appeals of Georgia.

Rehearing Denied March 28, 1951.

Attorney(s) appearing for the Case

Louis M. Tatham, J. Richmond Garland, for plaintiffs in error.

Morris M. Herzberg, Milton G. Farris, contra.

GARDNER, J.

1. A motion to dismiss a plaintiff's petition in the trial court is in the nature of a general demurrer. Davis v. Terrell, 70 Ga.App. 478 (28 S.E.2d 590). Counsel for the plaintiffs in their motion to dismiss rely chiefly upon the case of Talmadge v. Seymour, 170 Ga. 22(1) (152 S. E. 96), and the case cited therein, Sayer v. Brown, 119 Ga. 539 (43 S. E. 649). We do not think these cases are authority for the contention...

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