Legal Opinion

Smith v. Hornsby

Supreme Court of Georgia

Decided April 3, 1883PublishedCited by 25 opinions

Amendment. Practice in Superior Court. Equity. Res Acljuclieata. Judgments. Before Judge Harris. Campbell Superior Court. August Term, 1882. Smith filed his bill against Joseph Hornsby, William Stubbs and Arnold Stubbs, alleging, in brief, as follows: In 1859, William H. Smith, the brother of complainant, purchased from Hornsby 441-} acres of land in Fayette county for $3,000, $1,500 of which was paid in cash, and a note given for the balance. Wm.

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Amendment. Practice in Superior Court. Equity. Res Acljuclieata. Judgments. Before Judge Harris. Campbell Superior Court. August Term, 1882. Smith filed his bill against Joseph Hornsby, William Stubbs and Arnold Stubbs, alleging, in brief, as follows: In 1859, William H. Smith, the brother of complainant, purchased from Hornsby 441-} acres of land in Fayette county for $3,000, $1,500 of which was paid in cash, and a note given for the balance. Wm. H. Smith received a bond for titles. Shortly afterwards, complainant purchased the land from his brother, with the assent of Hornsby, paying to his…

1Opinion of the Court

Hall, Justice.

1. The defendants in this bill had a right to withdraw their demurrer before the court had pronounced and entered his final decree thereon; an intimation or declaration of the judge that he would overrule the demurrer would not debar the right of withdrawal. Code, §3447 and citations. To deny this right would deprive the party of the privilege of amending his pleadings, which he might do as matter of right at any stage of the cause and in all respects, either in matter of form or of substance. Code, §§3479, 4177.

2. It was the duty of the court to dispose of the plea before…

2Cases cited3 opinions

  1. Perry v. McLendonSupreme Court of Georgia · 1879
  2. Rogers v. Sandford KingsburySupreme Court of Georgia · 1857
  3. Smith v. HornesbySupreme Court of Georgia · 1877

3Cited by25 opinions

  1. Smith v. Floyd CountySupreme Court of Georgia · 1890
  2. Georgia Railway & Power Co. v. Town of DecaturSupreme Court of Georgia · 1922
  3. Ingram v. Trustees of Mercer UniversitySupreme Court of Georgia · 1897
  4. Greene v. Central of Georgia Railway Co.Supreme Court of Georgia · 1901
  5. Gunn v. JamesSupreme Court of Georgia · 1904

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