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Lawskills.com Georgia Caselaw
DICKEY et al. v. SOUTH SIDE ATLANTA
43296.
WHITMAN, Judge.
Action for money had and received. Fulton Civil Court. Before Judge Langford.
The appeal in this case is from an order sustaining the general demurrer to plaintiff's petition for money had and received. The same is enumerated as error.
This court must apply the new rules of the Civil Practice Act regardless of when the judgment was entered below. Hill v. Willis, 224 Ga. 263 910 (161 SE2d 281) Accordingly, we must view the petition having regard to whether it states a claim for which relief may be granted rather than construing its allegations against the pleader and determining, after so doing, whether all the elements of a cause of action are present. See Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 2600.
The complaint adequately stated a claim for relief. See Ga. L. 1966 pp. 609, 673 (Code Ann. 81A-308), for all that is required.
J. G. Dickey, for appellants.
ARGUED JANUARY 8, 1968 -- DECIDED JUNE 12, 1968.
Friday May 22 18:26 EDT


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