Hayne v. Perry
Supreme Court of Georgia
Assumpsit, from Burke county. Decided by Judge Holt, April Term, 1858. This was a motion by the plaintiff’s counsel, to amend the declaration and process in a cause wherein Thomas H. Blount and Edward H. Blount, partners under the name, firm and style of T. H. & E. H. Blount, endorsees, were plaintiffs, and James B. Hayne, principal, and Robert J. D. Roberts, security, were defendants; being an action of assumpsit, founded upon a note in the following words, to-wit: $75.…
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Assumpsit, from Burke county. Decided by Judge Holt, April Term, 1858. This was a motion by the plaintiff’s counsel, to amend the declaration and process in a cause wherein Thomas H. Blount and Edward H. Blount, partners under the name, firm and style of T. H. & E. H. Blount, endorsees, were plaintiffs, and James B. Hayne, principal, and Robert J. D. Roberts, security, were defendants; being an action of assumpsit, founded upon a note in the following words, to-wit: $75. Thirty days after date, I promise to pay J. M. Perry, seventy-five dollars, for one land warrant of 40 acres, and one of…
1Opinion of the Court
By the Court
McDonald, J.
delivering the opinion.
The motion to amend was made at the appearance Term of the cause. The defendant, therefore, appearing by attornéy to resist the motion, had notice of it at the answering Term of the Court, in ample time to file his defence, and to prepare his proofs to sustain it. But if there had been any peculiar circumstance connected with the defence, making it necessary to the defendant to have the full benefit of the seventeen days before Court, the time fixed by law, for his service, to prepare his pleas or his answer, and if that fact had been made to…
2Cited by6 opinions
- Union City Realty & Trust Co. v. WrightSupreme Court of Georgia · 1912
- Franklin v. MobleyCourt of Appeals of Georgia · 1945
- Adams v. BarlowSupreme Court of Georgia · 1882
- Davis & Brother v. BakerSupreme Court of Georgia · 1883
- Cross v. JohnsonSupreme Court of Georgia · 1880
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