Legal Opinion

Richardson v. DuPree

Court of Appeals of Georgia

Decided March 6, 1924No. 15110PublishedCited by 7 opinions

1Opinion of the CourtLuke, J.

1. The affidavit which section 5640 of the Civil Code (1910) requires to be annexed by the defendant to an amendment to his plea or answer when offered after the time allowed for answer has expired must aver (1) “that at the time of filing the original plea or answer he did not omit the new facts or defense set out in the amended plea or answer for the purpose of delay,” and (2) “that the amendment is not now offered for delay.” Columbus Showcase Co. v. Brinson, 128 Ga. 487 (1) (57 S. E. 871); Gross v. Whitely, 128 Ga. 79 (2) (57 S. E. 94); Beacham v. Wrightsville & T. R. Co., 125 Ga. 362 (2)…

2Cases cited7 opinions

  1. Bass Dry Goods Co. v. Granite City Manufacturing Co.Supreme Court of Georgia · 1903
  2. Gross v. WhitelySupreme Court of Georgia · 1907
  3. Winer v. Flournoy Realty Co.Court of Appeals of Georgia · 1921
  4. Hunt v. Hardwick & Co.Supreme Court of Georgia · 1881
  5. Beacham v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Walker v. StephensSupreme Court of Georgia · 1932
  2. Grantham v. Royal InsuranceCourt of Appeals of Georgia · 1925
  3. United States Fidelity & Guaranty Co. v. LuttrellCourt of Appeals of Georgia · 1966
  4. Sandison v. Harry Norman Realtors, Inc.Court of Appeals of Georgia · 1978
  5. Walker v. McMillenCourt of Appeals of Georgia · 1951

2 more not listed; retrieve them via the Exa API.

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