MURRAY v. STATE HIGHWAY DEPT.

38715.

103 Ga. App. 517 (1961)

120 S.E.2d 48

MURRAY v. STATE HIGHWAY DEPARTMENT et al.

Court of Appeals of Georgia.

Rehearing Denied April 18, 1961.


Attorney(s) appearing for the Case

Hatcher, Smith, Stubbs & Rothschild, Albert W. Stubbs, for plaintiff in error.

Eugene Cook, Attorney-General, Carter Goode, E. J. Summerour, Assistant Attorneys-General, Joe Rogers, contra.


BELL, Judge.

1. We consider initially the contention of the condemnee that in passing upon an oral motion to strike and dismiss the motion to dismiss the appeal, the trial court cannot consider the evidence. In support of this contention, condemnee urges that an oral motion to strike or dismiss the pleading is similar to or in the nature of a general demurrer and, therefore, no matters of evidence can be considered. While certainly this is the rule in cases testing...

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