Johnson v. Edwards
| Citation | 94 S.E. 554,147 Ga. 438 |
| Decision Date | 13 December 1917 |
| Docket Number | 292. |
| Parties | JOHNSON v. EDWARDS. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Indefiniteness in pleadings should, as a rule, be raised by special demurrer; yet a petition which is too vague and indefinite to support a recovery may properly be dismissed on general demurrer. Clark v. Gay, 112 Ga. 777, 38 S.E. 81; Garrett v. Hitchcock, 77 Ga. 427; Brooks v. Turner, 62 Ga. 164. Applying the foregoing, the petition as amended was properly dismissed.
Error from Superior Court, Terrell County; W. C. Worrill, Judge.
Action by Katie Johnson against M. C. Edwards. From a judgment dismissing the amended petition, plaintiff brings error. Affirmed.
T. T. James and G. Y. Harrell, both of Lumpkin, for plaintiff in error.
J. G. Parks and Yeomans & Wilkinson, all of Dawson, for defendant in error.
Judgment affirmed.
All the Justices concur.
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Jenkins v. Dunlop Tire & Rubber Corp.
... ... demurrer they will be given that construction which is most ... unfavorable to the pleader." Baggett v ... Edwards, 126 Ga. 463, 55 S.E. 250; Doyal v ... Russell, 183 Ga. 518, 534, 189 S.E. 32. "The ... imperfection of the petition was not a mere duplicity or ... destroy each other. In such a case the petition is fatally ... defective, and thus subject to general demurrer." ... Adams v. Johnson, 182 Ga. 478, 480, 185 S.E. 805, ... 806. "Indefiniteness in pleadings should, as a rule, be ... raised by special demurrer; yet a petition which ... ...
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Jenkins v. Dunlop Tire & Rubber Corp., 30411.
...yet a petition which is too vague and indefinite to support a recovery may properly be dismissed on general demurrer." Johnson v. Edwards, 147 Ga. 438, 94 S.E. 554, and cases cited. Applying these principles to the petition as amended it was as to Dunlop Tire and Rubber Corporation properly......
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Allison v. Allman
...yet a petition which is too vague and indefinite to support a recovery may properly be dismissed on general demurrer.' Johnson v. Edwards, 147 Ga. 438, 94 S.E. 554. The allegations in the petition in the case at bar are not merely vague, uncertain and indefinite, but they are so inconsisten......