Dickey v. South Side Atlanta Bank

Full title: DICKEY et al. v. SOUTH SIDE ATLANTA BANK et al

Court: Court of Appeals of Georgia

Date published: Jun 12, 1968

162 S.E.2d 305 (Ga. Ct. App. 1968)

162 S.E.2d 305

Opinion

43296.

ARGUED JANUARY 8, 1968.

DECIDED JUNE 12, 1968.

Action for money had and received. Fulton Civil Court. Before Judge Langford.

J. G. Dickey, for appellants.

Grant, Spears Duckworth, William H. Duckworth, Jr., for appellees.

WHITMAN, Judge.

The appeal in this case is from an order sustaining the general demurrer to plaintiff's petition for money had and received. The same is enumerated as error.

This court must apply the new rules of the Civil Practice Act regardless of when the judgment was entered below. Hill v. Willis, 224 Ga. 263 (1) ( 161 S.E.2d 281). Accordingly, we must view the petition having regard to whether it states a claim for which relief may be granted rather than construing its allegations against the pleader and determining, after so doing, whether all the elements of a cause of action are present. See Harper v. DeFreitas, 117 Ga. App. 236 (1) ( 160 S.E.2d 260).

The complaint adequately stated a claim for relief. See Ga. L. 1966, pp. 609, 673 ( Code Ann. § 81A-308), for all that is required.

Judgment reversed. Felton, C. J., and Eberhardt, J., concur.

ARGUED JANUARY 8, 1968 — DECIDED JUNE 12, 1968.