Causey v. Causey
Supreme Court of Georgia
Equitable petition. Before Judge Smith. Dooly superior court; June 3, 1898. In 1895 Robert H. Causey brought suit against Mary I. Causey, Julius L. Causey, and one Churchill, alleging, that John Causey, plaintiff’s father, being desirous that plaintiff should live near him, offered to give him, if he would remove from Houston county to Dooly county, fifty acres of lot of land number 209 in the latter county, which he (the father) owned and lived upon; and plaintiff accepted…
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Equitable petition. Before Judge Smith. Dooly superior court; June 3, 1898. In 1895 Robert H. Causey brought suit against Mary I. Causey, Julius L. Causey, and one Churchill, alleging, that John Causey, plaintiff’s father, being desirous that plaintiff should live near him, offered to give him, if he would remove from Houston county to Dooly county, fifty acres of lot of land number 209 in the latter county, which he (the father) owned and lived upon; and plaintiff accepted the gift (it being made in fee simple, and without any reservation or claim of rent), and upon the faith of it moved…
1Opinion of the CourtLewis, J.
1. Where an equitable petition is brought against several defendants, the plaintiff certainly has a right to dismiss his action as to one and proceed against the others. *193Such an amendment neither adds new and distinct parties, nor a new and distinct cause of action. The fact that the relief prayed against the remaining defendants is not as full and complete as was originally asked in the petition- against all the defendants does not render the cause of action set forth in the amendment a separate and distinct one from what was claimed in the original petition. If on the trial of an action for…
2Cited by10 opinions
- Jones v. JonesSupreme Court of Georgia · 1943
- Clayton v. DeverellSupreme Court of Georgia · 1987
- Lane v. LodgeSupreme Court of Georgia · 1912
- Bowles v. WhiteSupreme Court of Georgia · 1950
- Walker v. BergerSupreme Court of Georgia · 1918
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