Bell v. Atlanta Cooperage Co.

BELL v. ATLANTA COOPERAGE COMPANY, INC.

Bell v. Atlanta Cooperage Co., 173 S.E.2d 427 (Ga. Ct. App. 1970)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: February 17, 1970
Docket: No. 45097
Judges: Pannell
Citations: 173 S.E.2d 427121 Ga. App. 2071970 Ga. App. LEXIS 1172

Cited by 3

Opinion of the Court — Pannell

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Pannell, Judge.

Under the Civil Practice Act (Ga. L. 1966, p. 609, as amended; Code Ann. Title 81A), a complaint should not be dismissed unless the averments disclose with certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of such claim. Harper v. DeFreitas, 117 Ga. App. 236, 238 ( 160 SE2d 260 ). The petition in the present case being amply sufficient to meet the requirements of the Act, and not affirmatively disclosing that complainant is not entitled to relief under facts provable under the allegations made, the trial court erred in sustaining the motion to dismiss.

Judgment reversed.

Jordan, P. J., and Eberhardt, J., concur.

Action on account. Fulton Civil Court. Before Judge Camp. Stanley II. Nylen, for appellant. Dunaway, Shelf er, Haas & Newberry, William S. Shelf er, Jr., for appellees.

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Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Lawrimore v. Sun Finance Co.205 S.E.2d 110 (Ga. Ct. App. 1974)
Farmers Feed & Fertilizer Co. v. Lynn198 S.E.2d 877 (Ga. Ct. App. 1973)
Trammel v. National Bank of Ga.285 S.E.2d 590 (Ga. Ct. App. 1981)

Most recent

Trammel v. National Bank of Ga.285 S.E.2d 590 (Ga. Ct. App. 1981)
Lawrimore v. Sun Finance Co.205 S.E.2d 110 (Ga. Ct. App. 1974)
Farmers Feed & Fertilizer Co. v. Lynn198 S.E.2d 877 (Ga. Ct. App. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Harper v. DeFreitas, 160 S.E.2d 260 (Ga. Ct. App. 1968)	114

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