UPSHAW v. O'BRYANT

38313, 38314.

101 Ga. App. 781 (1960)

115 S.E.2d 591

UPSHAW v. O'BRYANT, by Next Friend (two cases).

Court of Appeals of Georgia.

Decided June 6, 1960.


Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, Warner S. Currie, James R. Dollar, Jr., for plaintiff in error.

Bass, Burger, Kidd & Rich, Casper Rich, contra.


CARLISLE, Judge.

Although the bills of exception recite that the plaintiff in error filed demurrers, both general and special, to the plaintiff's petitions and that the trial judge entered orders overruling "the within demurrers of defendant," the records show, upon inspection, that the only two grounds of demurrer filed in each case were special demurrers attacking the allegations of two paragraphs of each of the petitions on the ground that they were prejudicial...

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