KIKER v. HEFNER

44085.

119 Ga. App. 629 (1969)

168 S.E.2d 637

KIKER v. HEFNER, Commissioner, et al.

Court of Appeals of Georgia.

Decided May 7, 1969.


Attorney(s) appearing for the Case

Wright, Walther & Morgan, Clinton J. Morgan, for appellant.

P. T. McCutchen, Avary Dimmock, Jr., Herman J. Spence, Bobby C. Milam, for appellees.


JORDAN, Presiding Judge.

1. The ruling of the trial court refusing to dismiss the petition did not fix the law of the case to preclude final disposal thereof by the simultaneous grant of a summary judgment for the defendants. While a petition may amply meet the liberalized requirements of notice pleading under the Civil Practice Act, so as to preclude dismissal from a consideration of the petition alone, the court has authority to consider matter outside the pleadings...

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