Thompson v. Kimbrel
Supreme Court of Georgia
Amendment. Jurisdiction. Court of Ordinary. Practice. Before Judge Harrell. Miller Superior Court. April Term, 1872. Lucy Thompson and others, the heirs-at-law of Seaborn Thompson, filed their petition, returnable to the April Term, 1871, of the Court of Ordinary of Miller county, setting forth, substantially, the following facts: That at the March Term, 1870, of said Court, upon the application of A. J. Kimbrel et al., said Court granted an order amending an order passed at…
Read the full summary
Amendment. Jurisdiction. Court of Ordinary. Practice. Before Judge Harrell. Miller Superior Court. April Term, 1872. Lucy Thompson and others, the heirs-at-law of Seaborn Thompson, filed their petition, returnable to the April Term, 1871, of the Court of Ordinary of Miller county, setting forth, substantially, the following facts: That at the March Term, 1870, of said Court, upon the application of A. J. Kimbrel et al., said Court granted an order amending an order passed at the December Term, 1858, authorizing Wilson Thompson, as administrator upon the estate of Seaborn Thompson, deceased,…
1Opinion of the Court
Montgomery, Judge.
The order of the Ordinary establishing a copy of the lost letters of administration, having been set aside by the Superior Court, the only question left for this Court to consider is, was the amendment of the records of the Court of Ordinary, properly allowed? Section 3449, of the Code, gives a wide discretion to Courts in the allowing or refusing of amendments of their records. In all cases where such amendments will clearly be in furtherance of justice, the amendments should be allowed. To make the record show what actually took place, and speak the truth, we think is…
2Cases cited1 opinion
- Walker v. ScottSupreme Court of Georgia · 1859