Legal Opinion

Wallace v. State

Court of Appeals of Georgia

Decided January 6, 1916No. 6541PublishedCited by 4 opinions

Accusation of misdemeanor; from city court of Carrollton— Judge Beall. April 2, 1915.

1Opinion of the CourtRussell, C. J.

1. Where the court declines to allow an amendment which is offered, it does not become a part of the record in the case, and this court can not consider what purports to be a copy of it, appearing in the transcript of the record. Taylor v. McLaughlin, 120 Ga. 703, 706 (48 S. E. 203). “The rule is well settled that where a party offers an amendment to his pleadings and the judge declines to allow it, the proffered amendment can not be specified as record.” Schaeffer v. Central of Ga. Ry. Co., 6 Ga. App. 282, 283 (64 S. E. 1107); Upchurch v. Nichols, 15 Ga. App. 359 (83 S. E. 273). In this ea$e…

2Cases cited3 opinions

  1. Taylor v. McLaughlinSupreme Court of Georgia · 1904
  2. Schaeffer v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
  3. Upchurch v. NicholsCourt of Appeals of Georgia · 1914

3Cited by4 opinions

  1. Sutherland v. DonovanCourt of Appeals of Georgia · 1925
  2. Duffey v. HarrisCourt of Appeals of Georgia · 1917
  3. Lane v. State Highway DepartmentCourt of Appeals of Georgia · 1960
  4. Morris v. MorrisCourt of Appeals of Georgia · 1938

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