Legal Opinion

Atkinson v. Brantley

Court of Appeals of Georgia

Decided September 11, 1914No. 5359PublishedCited by 5 opinions

Action for damages; from city court of Baxley—Judge Sellers. October 39, 1913.

1Opinion of the Court

Russell, C: J.

1. A petition is amendable where “there can be no doubt that the original declaration and the amendment offered refer, to one- and the same cause of action, that cause of action which was from the beginning in the pleader’s mind, and which'he wished and intended to prosecute to judgment.” The amendment offered and allowed in,this case came within this ruling. Bright v. Central City R. Co., 88 Ga. 538 (15 S. E. 16); Ga. Ry. &c. Co. v. Bailey, 9 Ga. App. 106 (2) (70 S. E. 607).

*130Decided September 11, 1914. Action for damages; from city court of Baxley—Judge Sellers. October 39,…

2Cases cited5 opinions

  1. Killian v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
  2. Georgia Railway & Electric Co. v. BaileyCourt of Appeals of Georgia · 1911
  3. Southern Railway Co. v. CrabbCourt of Appeals of Georgia · 1912
  4. Georgia Railroad & Banking Co. v. UsrySupreme Court of Georgia · 1888
  5. Horn v. Western Union Telegraph Co.Supreme Court of Georgia · 1892

3Cited by5 opinions

  1. Ivins v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1928
  2. AAA Parking, Inc. v. BlackCourt of Appeals of Georgia · 1964
  3. Mason v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
  4. Rollins v. General Acceptance Corp.Court of Appeals of Georgia · 1955
  5. Trustees Loan & Savings Co. v. MarinosCourt of Appeals of Georgia · 1934

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