WRIGHT v. LEGG

38775, 38776.

103 Ga. App. 474 (1961)

119 S.E.2d 592

WRIGHT v. LEGG (two cases).

Court of Appeals of Georgia.

Decided April 5, 1961.


Attorney(s) appearing for the Case

Matthews, Maddox, Walton & Smith, John W. Maddox, for plaintiff in error.

Hamilton & Anderson, George Anderson, contra.


NICHOLS, Judge.

No demurrers were filed to the original petitions and no contention is now made by the defendant that the original petition did not set forth causes of action. The sole contention is that the amendments to the petitions sought unsuccessfully to negative a defense and were for such reason subject to general demurrer. "Ordinarily the plaintiff, in his petition, need not anticipate or negative a possible defense. Where, however, such defense is anticipated...

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