Morris v. Townsend

2 Citing cases

  1. Jones v. Itson

    175 S.E.2d 43 (Ga. Ct. App. 1970)

    It has not been shown that the plaintiff has received a judgment where no claim in fact existed. Morris v. Townsend, 118 Ga. App. 572 ( 164 S.E.2d 869). Judgment affirmed. Bell, C. J., and Quillian, J., concur.

  2. Nipper v. Crisp County

    120 Ga. App. 583 (Ga. Ct. App. 1969)   Cited 3 times

    1. Since demurrers were abolished by the Civil Practice Act, we view the petition in the light of the requirements of § 8 (a) of the Civil Practice Act (Ga. L. 1966, pp. 609, 619; Code Ann. § 81A-108 (a)) and treat the general demurrer as a motion to dismiss under § 12 (b) for failure to state a claim upon which relief can be granted (Ga. L. 1966, pp. 609, 622; Code Ann. § 81A-112 (b)) for failure to state a the trial judge as if it were based on such requirements. See Ghitter v. Edge, 118 Ga. App. 750, 751 ( 165 S.E.2d 598); Banks v. Champion, 118 Ga. App. 79 ( 162 S.E.2d 824); and Morris v. Townsend, 118 Ga. App. 572 (2) ( 164 S.E.2d 869). Under the liberalized notice pleading now in effect the petition clearly states a claim, and the trial judge erred in dismissing the action against the county.