Tift v. Towns
Supreme Court of Georgia
Statute of limitations. Damages. Counsel fees. Jury. Practice in the Superior Court. Verdict. Before Judge Crisp. Dougherty Superior Court.
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Statute of limitations. Damages. Counsel fees. Jury. Practice in the Superior Court. Verdict. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. Josephine Towns brought case against Nelson Tift for damages alleged to have been sustained by reason of a wagon, team, etc., being precipitated into the Flint river whilst crossing a toll-bridge, the property of the defendant, a portion of the same having fallen down through the negligence of defendant in failing to keep it in proper repair. The damage was alleged to have been done in December, 1870, and the suit was filed on May…
1Opinion of the Court
Bleckley, Justice.
1. The Code, in section 3333, makes the time of filing the declaration the time of commencement of suit. In section 3487, it declares that “in an action by or against an individual the pleadings may be amended by inserting his representative character.” Here, the plaintiff below sued apparently as an individual, and pending the action, the declaration was amended so as to show that she sued, in fact, as the executrix of her husband. The right person was in court from the beginning, but she was there in the wrong capacity. Formerly, perhaps, such an error in pleading was not…
2Cases cited3 opinions
- Tift v. TownsSupreme Court of Georgia · 1874
- Guernsey, Bartram & Hendrix v. ShellmanSupreme Court of Georgia · 1877
- Gay v. PeacockSupreme Court of Georgia · 1870
3Cited by42 opinions
- Georgia-Carolina Brick & Tile Co. v. BrownCourt of Appeals of Georgia · 1980
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Buffalo Cab Co. v. WilliamsCourt of Appeals of Georgia · 1972
- General Refractories Co. v. RogersSupreme Court of Georgia · 1977
- Brown v. BakerCourt of Appeals of Georgia · 1990
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