Columbus Show Case Co. v. Brinson
Supreme Court of Georgia
Complaint. Before Judge Little. Muscogee superior court. April 21, 1906. Brinson brought suit against the Columbus Show Case Company upon an account. The bill of particulars attached to the petition is as follows: 1905. Eeby. 4. To 52871 ft. oak boards, at $18.00 per m., $951.67. Eeby. 6. By Cash cr., $250.00. Balance due, $701.67. The defendant filed an answer denying all liability.
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Complaint. Before Judge Little. Muscogee superior court. April 21, 1906. Brinson brought suit against the Columbus Show Case Company upon an account. The bill of particulars attached to the petition is as follows: 1905. Eeby. 4. To 52871 ft. oak boards, at $18.00 per m., $951.67. Eeby. 6. By Cash cr., $250.00. Balance due, $701.67. The defendant filed an answer denying all liability. At the trial the defendant filed an amendment to its answer, alleging that the defendant had forwarded to the plaintiff a check covering the balance due, payable to the plaintiff, or Norris, agent, and the…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The record does not disclose upon what ground the judge based his judgment striking, the amended answer; the exceptions pendente lite merely reciting that the defendant filed certain pleas as amendments to its answer, and that “plaintiff orally demurred thereto, which demurrer the court sustained.” If, therefore, there is an]' legally sufficient reason upon which to base the judgment striking the amendment, that judgment will not be reversed. The act of 1897, providing the manner in which an amendment to an answer shall be verified when the amendment is offered…
2Cases cited1 opinion
- Butler v. MaplesSupreme Court of the United States · 1870
3Cited by11 opinions
- Grant v. HartSupreme Court of Georgia · 1944
- Shippey Bros. v. OwensCourt of Appeals of Georgia · 1915
- Interstate Financial Corp. v. AppelCourt of Appeals of Georgia · 1975
- Early v. HamptonCourt of Appeals of Georgia · 1914
- Richardson v. DuPreeCourt of Appeals of Georgia · 1924
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