English v. Doe ex dem. Register
Supreme Court of Georgia
Ejectment, in Habersham Superior Court. Tried before Judge Dougherty, April Term, 1849. An action of ejectment was commenced upon the several demises of Thomas Register and James R. Wyly, against Haywood English, who pleaded the general issue and the Statute of Limitations. Upon the trial on the appeal, after the cause was submitted to the Jury, the counsel for plaintiff moved to amend the declaration by extending the demise to twenty years.
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Ejectment, in Habersham Superior Court. Tried before Judge Dougherty, April Term, 1849. An action of ejectment was commenced upon the several demises of Thomas Register and James R. Wyly, against Haywood English, who pleaded the general issue and the Statute of Limitations. Upon the trial on the appeal, after the cause was submitted to the Jury, the counsel for plaintiff moved to amend the declaration by extending the demise to twenty years. The Court allowed the amendment — an order having been taken at the previous term to make this amendment — and defendant excepted. There was in evidence…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
[1.] The amendment of the plaintiff’s declaration extending the demise, was properly allowed by the Court below, under the 54th Common Law rule of practice.
[2.] There was no error in the charge of the Court to the Jury, as to the right of recovery under the demise of Thos. Register, It does not appear from the record, that he objected to the use of his name, or that it was used without his consent. In Fain vs. Gathright, (5 Ga. Rep. 6,) we held that the name of a party might be used as the lessor of the plaintiff in an action of ejectment, even…
2Cases cited5 opinions
- M'iver, Lessees v. RaganSupreme Court of the United States · 1817
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
- Fain v. GarthrightSupreme Court of Georgia · 1848
- Conyers v. KenanSupreme Court of Georgia · 1848
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- Hicks v. HicksSupreme Court of Georgia · 1942
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