SHORT v. McKINNEY

41146.

111 Ga. App. 556 (1965)

142 S.E.2d 398

SHORT v. McKINNEY.

Court of Appeals of Georgia.

Decided April 15, 1965.


Attorney(s) appearing for the Case

Jack Miller, Duffy, Hendrix & Miller, for plaintiff in error.

Ralph L. Crawford, Crawford, Lieb & Calhoun, contra.


RUSSELL, Judge.

1. "Mere general allegations of fraud are not good against a general demurrer, but the specific facts constituting the fraud must be stated." Johnson v. Ellington, 196 Ga. 846 (2) (28 S.E.2d 114) and cit. Since the ruling of the trial court was to the effect that the action was not direct but derivative, an analysis of the petition should address itself first to what fraud is properly alleged, and then to a determination of the party injured...

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