STINCHCOMB v. HOARD

22946.

221 Ga. 77 (1965)

143 S.E.2d 174

STINCHCOMB v. HOARD, Solicitor General.

Supreme Court of Georgia.

Decided May 31, 1965.


Attorney(s) appearing for the Case

Russell & McWhorter, T. Penn McWhorter, for plaintiff in error.


QUILLIAN, Justice.

A petition is subject to general demurrer in two instances: (1) where it is inherently insufficient to set forth the plaintiff's right to the recovery sought or the relief prayed; (2) when it reveals that there is a valid defense that may, at the defendant's election, be interposed to the cause plead, such as the statute of limitation, the bar of laches, or the statute of frauds. In the first of these instances a general demurrer may attack the...

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