Brooks v. Colby
Supreme Court of Georgia
In Equity, from Randolph county. Decision by Judge Kiddoo, November, adjourned Term, 1857. A bill filed by the administrator of J. M. Colby against Brooks, as the surviving partner of J. M. Colby & Co., for account and settlement.
Read the full summary
In Equity, from Randolph county. Decision by Judge Kiddoo, November, adjourned Term, 1857. A bill filed by the administrator of J. M. Colby against Brooks, as the surviving partner of J. M. Colby & Co., for account and settlement. On the trial, while the complainant’s attorney was reading the bill to the jury, the defendant’s attorney called his attention to an order, passed, October Term, 1855, on motion of complainant’s counsel, striking out that part of said bill, relative to two specified notes. Complainant’s attorney moved to rescind the order, and the defendant’s attorney objected;…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The order to amend the bill which was put on the minutes, and which it was now proposed to rescind, was moved by complainant, and can he considered nothing more than leave to amend. After obtaining the order the complainant did not amend, and the bill of complaint remained as it was.
The order to amend was no amendment, when moved by the party, at whose instance it was granted, for his own benefit, it was not compulsory. The bill was, in fact, not amended. A bill is amended by either striking out or inserting matter, or engrossing the bill anew,…
2Cited by2 opinions
- Jones v. HawkinsSupreme Court of Georgia · 1878
- Brannan v. CheekSupreme Court of Georgia · 1898