Neal v. Robertson
Supreme Court of Georgia
Suit for land, in Stewart Superior Court. Tried before Judge Worrell, April Term, 1855. This was an action for the recovery of land brought under the form prescribed by the Act of 1847. At the trial, plaintiff’s Counsel moved to amend the declaration, by inserting the names of the heirs of the grantee as co-plaintiffs. The Court refused the amendment, and plaintiff excepted.
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Suit for land, in Stewart Superior Court. Tried before Judge Worrell, April Term, 1855. This was an action for the recovery of land brought under the form prescribed by the Act of 1847. At the trial, plaintiff’s Counsel moved to amend the declaration, by inserting the names of the heirs of the grantee as co-plaintiffs. The Court refused the amendment, and plaintiff excepted. Plaintiff then moved to amend, by adding a new count following the same form, and varying only in placing the said heirs as parties plaintiff. The Court refused this amendment, and plaintiff excepted. Error has been…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The right to make the amendment moved in this case, has been put upon the ground of the practice which prevails in actions of ejectment at Common Law, of laying several demises in several lessors. If this were such a proceeding, there can be no doubt, that under our laws, as they now stand with respect to amendments, at any stage of the cause, an amendment might be made, inserting a new demise andnew lessors. But this would be permitted upon the principle which lies at the foundation of that proceeding, viz: that John Doe is the real…
2Cited by6 opinions
- Roberts v. TiftSupreme Court of Georgia · 1911
- Rutherford v. HobbsSupreme Court of Georgia · 1879
- Willis v. MeadorsSupreme Court of Georgia · 1880
- Gresham v. WebbSupreme Court of Georgia · 1859
- Heath v. ParkerSupreme Court of Georgia · 1945
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