WHITE v. AUGUSTA MOTEL HOTEL &c. CO.

43935.

119 Ga. App. 351 (1969)

167 S.E.2d 161

WHITE v. AUGUSTA MOTEL HOTEL INVESTMENT COMPANY.

Court of Appeals of Georgia.

Decided March 11, 1969.


Attorney(s) appearing for the Case

Albert G. Ingram, McDonald C. Haynie, for appellant.

Fulcher, Fulcher, Hagler, Harper & Reed, Gould B. Hagler, N. William Pettys, Jr., for appellee.


WHITMAN, Judge.

1. Where, as here, in its responsive pleading to the plaintiff's complaint, the defendant sets forth two defenses, to wit: (1) That the complaint fails to state a claim upon which relief can be granted, and (2) its answers to the complaint's allegations; and thereafter moves for a judgment on the pleadings, the latter motion, if nothing extraneous to the pleadings is presented or considered by the trial court, is equivalent to a motion to dismiss the...

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