ANTHONY v. GARRETT

30524.

236 Ga. 485 (1976)

224 S.E.2d 347

ANTHONY et al. v. GARRETT.

Supreme Court of Georgia.

Decided February 24, 1976.

Rehearing Denied March 11, 1976.


Attorney(s) appearing for the Case

Oze R. Horton, for appellants.

Harold A. Lane, for appellee.


NICHOLS, Chief Justice.

This appeal results from a judgment overruling the appellants' motion for new trial after a jury verdict for the defendant in the trial court in a land line dispute.

1. Where the trial court overrules a motion to dismiss for failure to state a claim, the plaintiff has not been harmed by the refusal of the trial court to strike such defensive pleading.

2. A defense which specifically admits some and specifically denies other...

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