Higginbotham v. Conway, 39 S.E. 550

Higginbotham v. Conway

39 S.E. 550

Ga.

1901

Check Treatment

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.