Hill v. Harris
Court of Appeals of Georgia
Complaint; from city court of Oglethorpe — Judge "Wall presiding. April 20, 1912.
1Opinion of the CourtPottle, J.
1. A failure to attach a bill of particulars, where required, does not authorize a dismissal on the ground that the petition did not, without such a bill of particulars, set forth a good cause of action. The defect is amendable, must be taken advantage of by special demurrer, and is cured by the verdict. Gonackey v. General Accident Assurance Corporation, 6 Ga. App. 381, 384.
2. Motions for continuances on the ground of surprise occasioned by an amendment to the opposite party’s petition are addressed to the sound legal discretion of the trial judge. It will never be held to be an abuse of…
2Cases cited2 opinions
- Georgia, Florida & Alabama Railway Co. v. SasserCourt of Appeals of Georgia · 1908
- Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
3Cited by21 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Keith v. DarbyCourt of Appeals of Georgia · 1961
- Shaheen v. KikerCourt of Appeals of Georgia · 1962
- Christiansen v. RobertsonCourt of Appeals of Georgia · 1976
- Powers Ferry Construction, Inc. v. Commerce Builders, Inc.Court of Appeals of Georgia · 1989
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