FARMERS & MERCHANTS BANK OF MANCHESTER v. GIBSON

18777.

211 Ga. 270 (1955)

85 S.E.2d 513

FARMERS & MERCHANTS BANK OF MANCHESTER v. GIBSON et al.

Supreme Court of Georgia.

Decided January 10, 1955.


Attorney(s) appearing for the Case

Rayford D. Bulloch, for plaintiff in error.

George R. Jacob, contra.


MOBLEY, Justice.

1. An oral motion to dismiss is the equivalent of a general demurrer, and the question therein is not whether any particular allegation has been defectively pleaded, but whether the petition in its entirely fails to set out a cause of action. Minnesota Lumber Co. v. Hobbs & Livingston, 122 Ga. 20 (1) (49 S. E. 783); Capps v. Edwards, 130 Ga. 146 (1) (60 S. E. 455); Haynes...

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