PERKINS v. FIRST NATIONAL BANK

22886.

221 Ga. 82 (1965)

143 S.E.2d 474

PERKINS v. FIRST NATIONAL BANK OF ATLANTA, Administrator, et al.

Supreme Court of Georgia.

Decided May 31, 1965.

Rehearing Denied June 14, 1965.


Attorney(s) appearing for the Case

Sams & Sams, Marion A. Sams, Augustine Sams, Edward S. Sams, for plaintiff in error.

J. William Gibson, Sam F. Lowe, Jr., Hansell, Post, Brandon & Dorsey, Edward F. Kern, contra.


QUILLIAN, Justice.

1. The separate demurrers of the defendant executor Bridges and the defendant administrator bank contained the same general grounds of demurrer: that the petition as amended did not set forth a cause of action against "this defendant"; that the petition showed on its face that the plaintiff was guilty of laches and thus barred from proceeding against "this defendant."

The usual test of the sufficiency of a petition to withstand a general...

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