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ALMAROAD v. GILES

27764.

230 Ga. 473 (1973)

197 S.E.2d 706

ALMAROAD et al. v. GILES.

Supreme Court of Georgia.

Decided April 16, 1973.

Attorney(s) appearing for the Case

Charles R. Adams, Jr., for appellants.

Robert E. Lanyon, Albert E. Jones, Lawrence C. Collins, for appellee.

HAWES, Justice.

1. "Since the adoption of the Civil Practice Act (Ga. L. 1966, p. 609; 1967, p. 226; Code Ann. Title 81A) a complaint need not set forth a cause of action in order to withstand a motion to dismiss but need only to set forth a claim for relief. Under that title, the complaint may no longer be construed most strongly against the pleader. `Furthermore, "a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty...

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