Hanover Fire Insurance Co. v. Scroggs

Felton, C. J.,

concurring specially. I concur in the judgment and in all of the rulings by the majority except the implied ruling that the petition anticipated a defense. I do not think the petition anticipated a defense. It merely alleged a refusal to pay by the defendant and recited the reason given by the defendant for the refusal. The reasonable intendment of the allegation was only that there was an absolute denial of liability. I do not agree that this court is limited in its consideration of a ruling on a general demurrer to the specific reasons stated in the general demurrer (Saliba v. Saliba, 202 Ga. 791), except where the specific reason is lack of jurisdiction and the demurrer is sustained specifically on that ground. South View Cemetery Association v. Hailey, 199 Ga. 478.