Maxwell v. Harrison
Supreme Court of Georgia
Trover,’&c/in Lee Superior Court. Tried before Judge Warren, May Term, 1849. Charles T. Harrison brought an action of trover, &c. in Lee Superior Court, for a negro girl, Caroline, against William A. Maxwell, “as trustee for Catharine Bozeman.” ' When the cause was called for trial, at May Term, 1849, plaintiff’s counsel moved to strike out the words “as trustee for Catharine Bozeman,” wherever they occurred in the petition, so that the cause might proceed against the…
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Trover,’&c/in Lee Superior Court. Tried before Judge Warren, May Term, 1849. Charles T. Harrison brought an action of trover, &c. in Lee Superior Court, for a negro girl, Caroline, against William A. Maxwell, “as trustee for Catharine Bozeman.” ' When the cause was called for trial, at May Term, 1849, plaintiff’s counsel moved to strike out the words “as trustee for Catharine Bozeman,” wherever they occurred in the petition, so that the cause might proceed against the defendant, individually. No notice had been given to defendant of the motion to amend. The Court sustained the motion, and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the amendment moved for by the plaintiff allowable? We think it was. The true criterion for determining whether an amendment is admissible, we take to be this — whether the amendment proposed is another cause of controversy, or whether it is the same contract or injury, and a mere permission to lay it in a manner which the plaintiff considers will best correspond with the nature of his complaint, and with his proof, and the merits of his case ?
[2.] For, while the plaintiff cannot introduce an entirely new cause of action, he may,…
2Cases cited3 opinions
- Bristol v. BurtNew York Supreme Court · 1810
- Oden v. StubblefieldSupreme Court of Alabama · 1842
- Hallett v. O'BrienSupreme Court of Alabama · 1840
3Cited by39 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Young v. DurhamCourt of Appeals of Georgia · 1915
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Sizer & Co. v. Melton & SonsSupreme Court of Georgia · 1907
- Spence v. ErwinSupreme Court of Georgia · 1946
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