19 S.E.2d 920 | Ga. Ct. App. | 1942
The court did not err in sustaining the general demurrer, and in dismissing the action.
The defendant filed general and special demurrers. The court overruled the special demurrer, sustained the general demurrer, and dismissed the petition. The plaintiff excepted.
The petition, construed as a whole, is one brought for damages for malicious prosecution. It has been held by this court in Clark v. Douglas,
Construing the petition most strongly against the pleader, there is no specific and definite allegation that the conviction was obtained by fraud. It is true that the petition contains certain loose general averments that the defendant obtained the conviction of the plaintiff in error when she knew that he was not guilty; however, these general averments are insufficient, as a matter of law, for the court to hold that the conviction was obtained by fraud. In view of these authorities the court did not err in sustaining the general demurrer.
Judgment affirmed. Broyles, C. J., and MacIntyre, J.,concur.