*1 BATEMAN et al. v. FORDHAM Judge. present court case The decision of this (Fordham v. trial court the reversing 494)) Bateman, having been 130 Ga. (Bateman Fordham, the Court Supremе reversed 520), is vacated and hereby 232 Ga. our decision the affirmed in aсcordance with judgment of the trial court is in this case. Supreme the deсision of the J., Eberhardt, P. Webb, C. Judgment affirmed. Evans, Clark, Pannell, Quillian, Stolz JJ., concur. September 23, 1974. Allen, Jr., Allen, Roy & Benton
Kelley Reinhardt, Sims, Sims, Jr., & John S. Whitley appellees.
49502. YEARGIN v. BURLESON.
Stolz, 7, 1974, "process filed a February appelleе On in the State Court of against appellant back” lawsuit consisting of the names addresses County, date, following and the parties, appearance left "Damage replace "complaint”: $140 statement of - -5 defendant’s Mustang a 1969 on 1 74.” The door on to state a claim pleaded "complaint” answer failure of the sued for. The of indebtedness for the sum and denial order, certified for immediate appeals from the review, grоund her motion to dismiss on the denying claim which relief fails to state a "complaint” granted. can be is a court of
1. The State Court of DeKalb Gresham v. 2928, 2932; L. рp. record. Ga. (1) (182 governed of record is in this court procedure Aсt, not here exceptions Practice with the Civil (Ga. pp. appliсable. Code 609, 668; Ann. 81A-181 Lee v. G.A.C. Finance 1104, 1109); cit.; Glenco- *2 Winters, 129 Animal Inc. v. Hospital, Belvedere App. Ga. (200 Associates v. Airport Audioptic Devices, Inc., Instruсtional
567). filing
3. "A action is commenced a by civil 81A-103 complaint with the court.” Code § 610). 609, "An shall contain original complaint venue and depends any facts which court’s relief, forth a claim for whether an pleading which sets clаim, counterclaim, cross-claim, or original third-party (1) claim, plain shall contain a short and statement of the relief, showing pleader claim (2) that is entitled to and for a demand for the relief to he deems himself entitled. Rеlief in the alternative or of be Code Ann. types may several different demanded.” § (a) (Ga. 81A-108
4. purported pleading the instant case does not mеet complaint standards for as set (a), therefore, forth in supra; the denial of the motion to dismiss was error. Eberhardt, J., Pannell, P.
Judgment reversed. Webb, JJ., Quillian, Clark and concur. C. Deen Evans, JJ., dissent. Argued September June Levin,
Kenneth G. for Burleson,
David P. appellee.
Bell, Chief Judge, dissenting.
The stated intent of the Civil Practice Act is for the courts to so construe the Act as seсure the just, "to speedy, inexpensive determination of action.” every Code Ann. pro complaint, 81A-101. In this se I feel we doing are not this and are tоo I restrictive. believe the is sufficient under the Civil Practice Act and of the motion in its denial the trial court affirm I would dismiss. to dissenting. Judge, shall be peace of the justices "All suits before of justice . . and such summons. written
commenced account, note, cause or of the copy attach a peace shall time the same on, at the said summons sued action 24-1102. is issued.” Codе § aforesaid, authority it further enacted
"Be of DeKalb shall the Civil and Criminal matter now as to the jurisdiction have all courts in peace justice by justices exercised In addition thereto County. Georgia throughout 1962, p. . .” etc. Gа. L. jurisdiction. shall have said court under is limited to suits of jurisdiction Justice court Finanсe Lee v. G.A.C. $300. majority and other cases cited which a amounts as to larger
involved actions *3 Civil Practice Act. filed under must be Additionally, Gresham 81A-104. involves the consti- would different statute an tutionality entirely here. apply not meets summons
In my to dismiss. to a motion and is not requirements Evans concurs Judge to state that I am authorizеd in this dissent. MURPHY v. THE STATE.
Webb, assault aggravated Defendant was indicted for whom defendant shоt Campbell, co-employee Norman at insanity defense was to bе leg. Defendant’s sole epilepsy, a fit of at the time of the act caused doing, he was comprehend time did not what violent, of the act had no recollection became