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PEEK v. FIELDS

41992.

114 Ga. App. 311 (1966)

151 S.E.2d 159

PEEK v. FIELDS.

Court of Appeals of Georgia.

Decided September 6, 1966.

Rehearing Denied September 21, 1966.

Attorney(s) appearing for the Case

Christopher & Futral, Claude Christopher, for appellant.

Beck, Goddard, Owen & Smalley, Robert H. Smalley, Jr., John H. Goddard, for appellee.

PANNELL, Judge.

1. Where general and special demurrers to a petition are overruled and no exception is taken thereto, the judgment on demurrer concludes the parties upon all questions necessarily involved in the decision of the points raised on demurrer (Gibson v. Mason, 31 Ga.App. 584 (2) (121 SE 584); Quarterman v. Godwin, 34 Ga.App. 201 (129 SE 14)), and if the plaintiff offers substantial proof of her allegations she is entitled to recover. Pierpont...

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