KIRWAN BROTHERS INC. v. BUTLER

33792.

85 Ga. App. 546 (1952)

69 S.E.2d 808

KIRWAN BROTHERS INC. v. BUTLER et al.

Court of Appeals of Georgia.

Decided March 7, 1952.


Attorney(s) appearing for the Case

J. Ralph McClelland Jr., John L. Westmoreland, John L. Westmoreland Jr., for plaintiff.

Tindall & Tindall, J. F. Kemp, Parker & Parker, for defendants.


FELTON, J.

Where a petition is not demurred to, and the plaintiff proves his case as laid and obtains a verdict and judgment, the defendant cannot raise the question of the sufficiency of the petition by a motion for a new trial. Grice v. Grice, 197 Ga. 686 (1) (30 S.E.2d 183), and cases cited. While we have not been able to find where the above has been held with reference to defensive pleadings, the basis, logic, and reasons for a similar conclusion...

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