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POPE v. LEDBETTER

40474.

108 Ga. App. 869 (1964)

134 S.E.2d 873

POPE et al. v. LEDBETTER et al.

Court of Appeals of Georgia.

Decided January 22, 1964.

Attorney(s) appearing for the Case

O'Kelley, Hopkins & Van Gerpen, William C. O'Kelley, for plaintiffs in error.

John K. Calhoun, contra.

EBERHARDT, Judge.

1. Initially we consider whether the demurrers raising the statute of limitation (Code §§ 3-1002, 3-1003) should have been sustained. It is well settled that demurrers raising this issue are good only if the petition shows on its face that the statute has run. Georgia Procedure & Practice 785, § 29-23 (1).

Measured by this yardstick, how stands the petition? Count 2...

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