Berry v. Cooper & Boykin
Supreme Court of Georgia
Case, in Muscogee superior court. Tried before Judge Worrill, at November Term, 1858. Motion for new trial, decided at May Term, 1859. This was an action by the executors of Doctor Samuel Boykin, deceased, against Thomas Berry and others, owners of the steam-boat Franklin, to recover the value of one hundred and thirty-four bales of cotton, shipped on said boat and destroyed by fire. This is the second time this case has been before this court. — See 21 Vol. Geo.
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Case, in Muscogee superior court. Tried before Judge Worrill, at November Term, 1858. Motion for new trial, decided at May Term, 1859. This was an action by the executors of Doctor Samuel Boykin, deceased, against Thomas Berry and others, owners of the steam-boat Franklin, to recover the value of one hundred and thirty-four bales of cotton, shipped on said boat and destroyed by fire. This is the second time this case has been before this court. — See 21 Vol. Geo. Rep. p.-, where the facts will be found fully stated. The judgment of the court below was then reversed and the cause remanded for…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
All the grounds of error in this case, are set forth in the motion for a new trial; and for the overruling of which this writ of error is prosecuted.
1. The question made in the first assignment is, whether, under the act of 1858-’54, allowing either party to amend his pleadings at any stage of the case, a plea in abatement can be put in upon the appeal, and after a trial upon the merits ?
We are clear that the act was intended to authorize no such practice. It was designed to expedite litigation, *547and not to retard it. The legislature never…
2Cases cited5 opinions
- Putnam v. WoodMassachusetts Supreme Judicial Court · 1807
- Hart v. Allen & GrantSupreme Court of Pennsylvania · 1833
- Kendrick v. WhitfieldSupreme Court of Georgia · 1856
- Reed v. DickSupreme Court of Pennsylvania · 1839
- Robinson v. WilsonSupreme Court of Georgia · 1856
3Cited by32 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- American Mutual Liability Insurance v. CurrySupreme Court of Georgia · 1938
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