KATZ v. SINKOVITZ

20418.

215 Ga. 16 (1959)

108 S.E.2d 693

KATZ, Administratix, v. SINKOVITZ.

Supreme Court of Georgia.

Decided May 8, 1959.


Attorney(s) appearing for the Case

Frank E. Blankenship, for plaintiff in error.

Smith, Kilpatrick, Cody, Rogers & McClatchey, Welborn B. Cody, Robt. G. Hunt, contra.


WYATT, Presiding Justice.

In passing upon the sufficiency of a petition as against a general demurrer, the petition will be construed most strongly against the petitioner. Applying this rule in the instant case, we find that the allegations are contradictory, and that the contradictions must be resolved against the petitioner. The petition is contradictory in that it alleges that the deceased owned certain property at his death...

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