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Luke, J. 1. A demurrer which is general and attacks the petition as a whole is properly overruled if any part of the petition sets out a legal cause of action. See Hudson v. Hudson, 119 Ga. 637 (1) (46 S. E. 874). The petition in this case was not subject to the motion to dismiss upon the grounds of misjoinder of causes, nor subject to the demurrers urged against it.
2. The motion attacking the plea of the defendant, upon the grounds thereof and as presented, is without merit. The court did not err in overruling the demurrers to the suit, nor in overruling the motion to strike the defendant’s answer.
Judgment affirmed on hoth the mam hill of exceptions and the cross-hill.
Broyles, O. J., amd Bloodworth, J., concur.
Document Info
Docket Number: 10607, 10608
Citation Numbers: 24 Ga. App. 650, 101 S.E. 766, 1920 Ga. App. LEXIS 427
Judges: Luke
Filed Date: 1/6/1920
Precedential Status: Precedential
Modified Date: 10/19/2024