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OTWELL v. FORSYTH COUNTY ATHLETIC & RECREATION ASSN.

18479.

210 Ga. 482 (1954)

80 S.E.2d 790

OTWELL v. FORSYTH COUNTY ATHLETIC & RECREATION ASSOCIATION, INCORPORATED.

Supreme Court of Georgia.

Decided March 8, 1954.

Rehearing Denied March 23, 1954.

Attorney(s) appearing for the Case

Wheeler, Robinson & Thurmond, Hugh D. Sosebee, Wood & Tallant, for plaintiff in error.

Leon Boling, contra.

WYATT, Presiding Justice.

1. The first question presented by this bill of exceptions is whether or not the court erred in denying the oral motion to dismiss the petition. In considering an oral motion to dismiss, the question presented is whether or not the petition sets out a cause of action for any relief. Minnesota Lumber Company v. Hobbs. 122 Ga. 20 (49 S. E. 783).

It is contended in the instant case that the petition does not set out a cause...

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