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STUART v. BERRY

39853, 39854.

107 Ga. App. 531 (1963)

130 S.E.2d 838

STUART v. BERRY; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied March 28, 1963.

Attorney(s) appearing for the Case

Swift, Pease, Davidson & Chapman, Wm. G. Scranton, Grogan & Jones, T. Milton Jones, Hatcher, Smith, Stubbs, Land & Rothschild, Albert W. Stubbs, for plaintiff in error.

Kelly, Champion & Henson, Forrest L. Champion, contra.

RUSSELL, Judge.

1. (a) It is proper, where a pleading contains objectionable and irrelevant matter, for the trial court to require the litigant to replead and purge his petition of such matter. Shaw v. Miller, 215 Ga. 413 (1c) (110 S.E.2d 759); Duke v. Brown, 113 Ga. 310 (11), 319 (38 SE 764). The objection to the allowance of the repleaded petition is without merit.

(b) The...

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