Legal Opinion

Martin & Lanier Paint Co. v. Daniels

Court of Appeals of Georgia

Decided July 26, 1921No. 12517PublishedCited by 5 opinions

Complaint; from city court of Blakely — Judge Gray. February 22, 1921.

1Opinion of the CourtBroyles, C. J.

1. The court did not err in allowing the amendment to the defendant’s answer.

2. The amended answer was not subject to general demurrer.

3. Conceding that the court erred in overruling some of the special demurrers interposed to the amended answer, it appears with reasonable certainty from the facts of the case that no injury resulted to the plaintiff in error; and therefore a new trial will not be granted because of such errors. See, in this connection, Wrightsville & Tennille R. Co. v. Vaughan, 9 Ga. App. 371 (5) (71 S. E. 691).

4. Upon the call of the case for trial, counsel for the plaintiff…

2Cases cited2 opinions

  1. Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
  2. Bowman v. Atlantic Ice & Coal Corp.Court of Appeals of Georgia · 1917

3Cited by5 opinions

  1. American Surety Co. of New York v. BlakeIdaho Supreme Court · 1933
  2. Werner v. Hillman Coal & Coke Co.Supreme Court of Pennsylvania · 1930
  3. Baptiste v. StateSupreme Court of Georgia · 2011
  4. Campbell v. Pure Oil Co.Court of Appeals of Georgia · 1955
  5. Tennessee Chemical Co. v. GeorgeCourt of Appeals of Georgia · 1926

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