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KEISER v. AMERICAN EXPRESS CO.

41480.

112 Ga. App. 493 (1965)

145 S.E.2d 698

KEISER v. AMERICAN EXPRESS COMPANY.

Court of Appeals of Georgia.

Decided September 29, 1965.

Rehearing Denied October 20, 1965.

Attorney(s) appearing for the Case

Jones, Bird & Howell, Ralph Williams, Jr., Richard A. Allison, for plaintiff in error.

Lipshutz, Macey, Zusmann & Sikes, Richard A. Katz, Norman Buchsbaum, contra.

JORDAN, Judge.

1. The answer filed by the defendant in this case was clearly defective in form since it was not specifically and expressly made in response to the different counts of the petition. As such it was subject to special demurrer which is the proper remedy to reach an imperfection of this nature which can be cured by amendment. Green v. Hambrick, 118 Ga. 569 (4), 572 (45 SE 420). By failing to file a timely special demurrer the plaintiff waived this...

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