Pryor v. Leonard
Supreme Court of Georgia
Judgments. Administrators and executors. Amendment. Principal and security. Before Judge Clark. Sumter Superior Court. April Term, 1876. Leonard brought complaint against Pryor and another, as administrators of Benjamin G. Pettie, deceased, principal, and Joseph J. Collier, security, upon a promissory note.
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Judgments. Administrators and executors. Amendment. Principal and security. Before Judge Clark. Sumter Superior Court. April Term, 1876. Leonard brought complaint against Pryor and another, as administrators of Benjamin G. Pettie, deceased, principal, and Joseph J. Collier, security, upon a promissory note. Judgment was rendered at the May term, 1867, for the plaintiff, but it omitted to charge the property of the intestate in the hands of the administrators to be administered. At the October term, 1875, the plaintiff sought to cure this irregularity by an amendment. The administrators…
1Opinion of the Court
Bleckley, Judge.
1. Here was a mere irregularity. There was no attempt, on this motion, to create a judgment. A judgment already existed against all the defendants, and the omission to make it full enough as to the administrators was amendable: 53 Georgia Reports, 387; 54 Ibid., 538. The amendment was warranted by the record. It was needed for conformity. It was, prima fade, beneficial to the defendants, and perhaps could have been made without notice to any of them: Saffold vs. Wade, 56 Georgia Reports, 174.
2. That a partial payment had been made on the judgment, to the plaintiff’s attorney,…
2Cited by9 opinions
- Walden v. WaldenSupreme Court of Georgia · 1907
- Latimer v. SweatSupreme Court of Georgia · 1906
- Jones v. ParkerSupreme Court of Georgia · 1878
- Redd v. DavisSupreme Court of Georgia · 1877
- Williams v. MerrittSupreme Court of Georgia · 1900
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