Publication Date
5-1952
Document Type
Article
Abstract
Under Georgia procedural rules, the special demurrer has two dissimilar functions, the first being to compel the striking or withdrawal of extraneous matter, and the second being to compel the demurree to plead, or to plead more fully, the facts relied upon to support his cause of action or defense, or the theory upon which it is based.
The diversity of these two functions, coupled with the further rules which prohibit direct appeals from nisi prius rulings on special demurrer, but which permit reversal of an eptire proceeding where such a ruling is erroneous,' have for many years contributed to the accretion of the great body of confusion and conflict which now makes Georgia practice and procedure an almost occult science.
Recommended Citation
Dorsey, Edward E.
(1952)
"The Special Demurrer as a Discovery Device in Georgia,"
Mercer Law Review: Vol. 3:
No.
2, Article 3.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol3/iss2/3