JAMES v. SMITH

35661.

92 Ga. App. 131 (1955)

88 S.E.2d 179

JAMES v. SMITH et al.

Court of Appeals of Georgia.

Decided June 6, 1955.


Attorney(s) appearing for the Case

Ewing & Farrar, George Jordan, for plaintiff in error.

Paul Miller, Bennett, Pedrick & Bennett, H. J. Quincey, contra.


GARDNER, P. J.

The only question for this court to decide is whether or not as a matter of law the court erred in sustaining the general demurrer. The Supreme Court in Krueger v. MacDougald, 148 Ga. 429 (96 S. E. 867) said: "It is an elementary rule of construction as applied to a pleading, that [on demurrer] it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such...

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