Sullivan, Cabot & Co. v. Rome R. R.
Supreme Court of Georgia
Case, from Eloyd county. Decision by Judge Hammond, at August Term, 1858. Upon a motion made that the judgment of the supreme court be entered on the minutes of the superior court and be made the judgment of that court, counsel for plaintiffs moved to amend their declaration 5 said amendment charging defendant with unreasonable delay in delivering the cotton at Kingston and Augusta, and alleging that defendant undertook and contracted to deliver the cotton in a reasonable…
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Case, from Eloyd county. Decision by Judge Hammond, at August Term, 1858. Upon a motion made that the judgment of the supreme court be entered on the minutes of the superior court and be made the judgment of that court, counsel for plaintiffs moved to amend their declaration 5 said amendment charging defendant with unreasonable delay in delivering the cotton at Kingston and Augusta, and alleging that defendant undertook and contracted to deliver the cotton in a reasonable time at Kingston and Augusta. (See 25 Geo. Reports, 228.) The court refused to allow thé amendment, and counsel for…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
When this case was first tried in the circuit court, the defendant, that is, the Rome Railroad Company, moved for a non-suit. The application was refused — the defendant excepted and brought his writ of error to this court. (25 Geo. Rep. 228.) We reversed the judgment of the *30court below; and when the remittitur was sent back, a motion was made by the defendant to enter the judgment of reversal on the minutes of the court.
Cotemporaneously with this motion the plaintiff asked leave to amend his declaration, so as to make it correspond with his…
2Cited by12 opinions
- Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
- Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1893
- Rice v. Ware & HarperCourt of Appeals of Georgia · 1908
- Irons v. American National BankSupreme Court of Georgia · 1933
- Kiser v. KiserSupreme Court of Georgia · 1959
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