Thurmond v. Clark
Supreme Court of Georgia
Equity practice. Amendment. Ignorance of law. Before Judge Knight. Lumpkin Superior Court. September Term, 1872. This case will be found reported in 46 Georgia Reports, 07. Before the judgment of the Supreme Court sustaining the demurrer to the bill was made the judgment of the Superior Court, complainant moved to amend his said bill, substantially, as follows to-wit: That at the time the original bill was filed, the submission and the testimony which was before the…
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Equity practice. Amendment. Ignorance of law. Before Judge Knight. Lumpkin Superior Court. September Term, 1872. This case will be found reported in 46 Georgia Reports, 07. Before the judgment of the Supreme Court sustaining the demurrer to the bill was made the judgment of the Superior Court, complainant moved to amend his said bill, substantially, as follows to-wit: That at the time the original bill was filed, the submission and the testimony which was before the arbitrators upon which said award and judgment were predicated, could not be found, but have since come to handj and from the…
1Opinion of the Court
Montgomery, Judge.
1. We have several times decided that a complainant may amend his bill after a demurrer to it has been sustained by this Court, provided the motion to amend be made at or before the time that the opposite party moves to enter the remittitur upon the minutes, and to make it the judgment of the Court. This, however, contemplates that a substantial amendment is offered. If the complainant, by his proposed amendment, still fails to make a case for equitable interference, the amendment will not save the bill.
2. The single question, then, in this case is, does the proposed…
2Cited by10 opinions
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- Milton v. MiltonSupreme Court of Georgia · 1942
- Kiser v. KiserSupreme Court of Georgia · 1959
- Southeastern Wholesale Furniture Co. v. Atlanta Metallic Casket Co.Court of Appeals of Georgia · 1951
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