CITY OF ACWORTH v. McLAIN

37562.

99 Ga. App. 407 (1959)

108 S.E.2d 821

CITY OF ACWORTH v. McLAIN et al.

Court of Appeals of Georgia.

Decided April 8, 1959.


Attorney(s) appearing for the Case

Edwards, Bentley, Awtrey & Bartlett, for plaintiff in error.

Ben F. Smith, contra.


FELTON, Chief Judge.

The defendant city insists that its general demurrers should have been sustained since the petition shows on its face that the suit is barred by the statute of limitations. This issue is properly raised by the general demurrer which expressly sets out a reliance on the statute. Smith v. Central of Ga. Ry. Co., 146 Ga. 59 (90 S. E. 474). The petition, however, does not seek damages resulting from the creation of a nuisance treated...

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