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HIGGINBOTHAM v. CONWAY

Supreme Court of Georgia1901-07-24
113 Ga. 1155

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Opinion

majority opinion

Lewis, J.

The reporter’s statement sufficiently sets forth the nature of this case and the character of the answer filed by the defendant. The court sustained a general demurrer to this defense. We think this was clearly error. Portions of the answer may not be able to withstand a special demurrer, but as against a general demurrer there is unquestionably enough in them to take the case to the jury. See Treadaway v. Richards, 92 Ga. 264. Judgment reversed.

All the Justices concurring.