Cochran v. McCollum
Ga.
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Cites 6 cases
- Martin v. Approved Bancredit Corp.
- Gresham v. Symmers
- Management Search, Inc. v. Kinard
- DeWes Enterprises, Inc. v. Town & Country Carpets, Inc.
- Hayes v. Hallmark Apartments
- Wofford v. Vandiver
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Opinion
COCHRAN v. McCOLLUM et al.
Judges
- All the Justices concur, except Grice, C. J., and Nichols, P. J., who dissent.
Attorneys
- Clayton H. Hollinsworth, Jr., for appellant.
- Virginia Bips, Lane & Sanders, Thomas C. Sanders, for appellees.
Caveator appeals from a judgment of the superior court dismissing the caveat on the motion of the propounders urging that the grounds stated in the caveat were merely conclusions and failed to state any facts relied upon to prove undue influence, fraud, duress or mistake. The case originated in the court of ordinary where a judgment adverse to the caveators was entered by the ordinary.
The CPA applies to "all courts of record of the State of Georgia in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in § 81A-181.” Code Ann. § 81A-101; Gresham v. Symmers, 227 Ga. 616 (182 SE2d 764). The court of ordinary is a court of record. Wofford v. Vandiver, 72 Ga. App. 623 (34 SE2d 579).
Submitted August 5, 1974
Decided October 25, 1974.
Clayton H. Hollinsworth, Jr., for appellant.
Virginia Bips, Lane & Sanders, Thomas C. Sanders, for appellees.
Under the CPA, a pleading should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. We hold this principle applicable to all pleadings including special matters (fraud, mistake and conditions precedent) under Code Ann. § 81A-109. Management Search, Inc. v. Kinard, 231 Ga. 26 (199 SE2d 899). The proper remedy for seeking more particularity is by motion for a more definite statement (Code Ann. § 81A-112 (e)) at the pleading stage or by the rules of discovery thereafter. DeWes Enterprises v. Town & Country Carpets, 130 Ga. App. 610 (203 SE2d 867). See Hayes v. Hallmark Apartments, 232 Ga. 307 (207 SE2d 197). Any language to the contrary contained in Martin v. Approved Bancredit Corp., 224 Ga. 550 (163 SE2d 885) and cases following it is hereby disapproved and will not hereafter be followed.
The trial court erred in dismissing the caveat.
Judgment reversed.
All the Justices concur, except Grice, C. J., and Nichols, P. J., who dissent.