45 Ga. App. 180 | Ga. Ct. App. | 1932
The special demurrer to the plaintiff’s declaration having been sustained as to. certain paragraphs, in an action brought by Sadie Odum against Hyman Bergman, in the superior court of Fulton county, and, the plaintiff’s declaration having been dismissed for failure to amend to meet the grounds of special demurrer thus sustained, after the expiration of the time allotted for such amendment, the plaintiff excepted to the judgment of the trial court dismissing her declaration, and assigns error upon such' judgment.
The action is one to recover damages for loss of services and for money laid out and expended for medicine, medical services, and nursing, as the alleged result of the defendant’s seduction of the plaintiff’s minor daughter. The trial court sustained the special demurrer to paragraph 6 of the declaration on the ground that
The trial judge also sustained the demurrers to paragraph's 9 and 10 of the declaration. The ground of demurrer to paragraph 9 is that “said paragraph does not specifically set out what is meant by the ‘necessary affairs and business of the plaintiff,’ and in how and in what manner the plaintiff was deprived of the services of her daughter.” Since it is elsewhere alleged in the plaintiff’s declaration that, during a stated period, “the defendant employed the said Sadie Odum, plaintiff’s daughter, to work for him as an office girl and stenographer, and that plaintiff’s said daughter worked for said defendant as such,” we think the allegation is sufficiently definite to inform the defendant of the meaning intended by her averment that the daughter, by reason of the premises, “there became and was unable to do or perform the necessary affairs and business of the plaintiff,” especially since the averment continues as follows: “so being her mother and master as aforesaid, and thereby the plaintiff during all that time lost and was deprived of the services of her said daughter and servant.”
Our conclusion is that the plaintiff’s declaration was not open to the objections set out in the special demurrer, in the particulars in which that demurrer was sustained, and that it was, therefore, error, requiring a reversal, to dismiss the declaration for failure to amend as stated.
The plaintiff’s motion to dismiss the defendant’s cross-bill of exceptions for want of service, or any acknowledgment of service thereof, is sustained, and the writ of error thereon is hereby dismissed.
Judgment on main bill of exceptions reversed; cross-bill dismissed.