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DEAN v. WILSON

37951.

100 Ga. App. 710 (1959)

112 S.E.2d 315

DEAN v. WILSON.

Court of Appeals of Georgia.

Decided November 17, 1959.

Attorney(s) appearing for the Case

Reinhardt & Ireland, Bob Reinhardt, for plaintiff in error.

John R. Rogers, contra.

FELTON, Chief Judge.

1. In his plea of estoppel in pais, the plaintiff avers no new facts on which an estoppel can be founded but simply seeks to challenge the legal sufficiency of the defendant's answer on the basis of the facts therein alleged. A plea of estoppel in pais is not sufficient for this purpose, since all issues of law shall be raised by demurrer. Code § 81-303. It is the office of a demurrer to challenge the legal sufficiency of the allegations...

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