Sutherlin v. Underwriters' Agency
Supreme Court of Georgia
Attachment. Amendment. ■ Insurance. Pleadings. Joint and several liabilities. Bill of exceptions. Practice in the Supreme Court. Production of papers. Practice in the Superior Court. Before Judge Kiedoo.' Dougherty Superior Court. April Adjourned Term, 1874. This is the second time this casa has been before the Supreme Court: See 46th Georgia Reports, 652. Only such additional facts are here stated as are necessary to an understanding of the opinion.
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Attachment. Amendment. ■ Insurance. Pleadings. Joint and several liabilities. Bill of exceptions. Practice in the Supreme Court. Production of papers. Practice in the Superior Court. Before Judge Kiedoo.' Dougherty Superior Court. April Adjourned Term, 1874. This is the second time this casa has been before the Supreme Court: See 46th Georgia Reports, 652. Only such additional facts are here stated as are necessary to an understanding of the opinion. The parties having announced ready, the plaintiff called upon defendant’s counsel to produce the original open policy number seven hundred and…
1Opinion of the Court
McCay, Judge.
1. Under the express words of the Code, section 3316, an attachment bond is amendable. The defect in the bond in this case was plainly a mere mistake — a clerical error. In the very nature of things, it is manifest that it was the purpose of the signers of it to make it payable to the defendant. They made and delivered it to the officer with that intent. To fill up the blank is not to alter in the least the contract actually-made, and we do not think the security could take any advantage of the act, as it would, in fact, be, after it is amended, the very contract he intended by…
2Cited by7 opinions
- Kollock v. WebbSupreme Court of Georgia · 1901
- McGaughey Bros. v. LathamSupreme Court of Georgia · 1879
- Johnson v. Motor Contract Co.Supreme Court of Georgia · 1938
- Adams v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1914
- First National Bank of Sundance v. Moorcroft Ranch Co.Wyoming Supreme Court · 1894
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