Pritchett v. Commissioners of Bartow County
Supreme Court of Georgia
Judge Lumpkin, of the Atlanta circuit, was appointed to preside in the stead of the Chief Justice, who was disqualified. Action on bond. Before Judge Henry. Bartow superior court. July term, 1893. On February 19th, 1867, C. B. Conyers, executor of B. H. Conyers, brought suit against the inferior court of Bartow county, and subsequently M. L. Pritchett, administrator de bonis non of B. H. Conyers, was rüade a party plaintiff in lieu of C. B. Conyers, executor.
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Judge Lumpkin, of the Atlanta circuit, was appointed to preside in the stead of the Chief Justice, who was disqualified. Action on bond. Before Judge Henry. Bartow superior court. July term, 1893. On February 19th, 1867, C. B. Conyers, executor of B. H. Conyers, brought suit against the inferior court of Bartow county, and subsequently M. L. Pritchett, administrator de bonis non of B. H. Conyers, was rüade a party plaintiff in lieu of C. B. Conyers, executor. On March 14th, 1872, the action was dismissed on demurrer, on the ground that no such case was set forth in the declaration as entitled…
1Opinion of the Court
J. H. Lumpkin, Judge.
At the time when this amendment was made, the Supreme Court had decided that where a bill was dismissed for want of equity, and the judgment of dismissal affirmed, the bill could he amended when the remittitur was about to be made the judgment of the superior court and before it was entered on the minutes. 45 Ga. 195. It may have been somewhat anomalous to hold that a case having been dismissed on such a demurrer, and the judgment affirmed without condition or direction, an amendment could still be made. But in the case of King v. King it appears from the report that it…
2Cases cited14 opinions
- Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
- Weems v. CokerSupreme Court of Georgia · 1883
- Turner v. CatesSupreme Court of Georgia · 1893
- Cochran v. DavisSupreme Court of Georgia · 1856
- Goldsmith v. Georgia RailroadSupreme Court of Georgia · 1879
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3Cited by4 opinions
- Berrien County Bank v. AlexanderSupreme Court of Georgia · 1922
- Conyers v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1902
- Swindell & Co. v. Bainbridge State BankCourt of Appeals of Georgia · 1908
- Commissioners v. ConyersSupreme Court of Georgia · 1889