Mounce v. Byars
Supreme Court of Georgia
In Equity, in Butts Superior Court. Tried before Judge Stark, September Term, 1851. The bill charges, that in 1839, he was owner of one hundred and twenty-two acres of land, divided into several lots, and known as a part of the McIntosh or Indian Spring Reserve, situated in the County of Butts, which he had purchased of one Robert Coleman, who had purchased them at public sale, previously made by commissioners appointed by the authority of the State, for that purpose ; that…
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In Equity, in Butts Superior Court. Tried before Judge Stark, September Term, 1851. The bill charges, that in 1839, he was owner of one hundred and twenty-two acres of land, divided into several lots, and known as a part of the McIntosh or Indian Spring Reserve, situated in the County of Butts, which he had purchased of one Robert Coleman, who had purchased them at public sale, previously made by commissioners appointed by the authority of the State, for that purpose ; that Coleman had paid the several instalments due the State for said land, the receipt of which payments was indorsed upon…
1Opinion of the Court
jBy the Court.
Nisbet, J.
delivering the opinion
[1.] It does not appear on record, that the defendant made known to the Court, when he asked what he expected to put in hisamena^answer, amj^mat the application was accompanied with áffidavíilí^íTbese things are indispensable. But it was conceded in the argument, that this rule was, in fact, complied with. The strictest guard should be held upon amendments to sworn answers. Laxity here might work consequences the most disastrous to the administration of justice. The Court should be informed, before allowing an amendment, what the original answer…
2Cases cited1 opinion
- United States v. CurtisU.S. Circuit Court for the District of Massachusetts · 1826
3Cited by10 opinions
- Lamar v. AllenSupreme Court of Georgia · 1899
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Holton v. LankfordSupreme Court of Georgia · 1939
- Bryan v. the South-Western Rail RoadSupreme Court of Georgia · 1867
- Polk v. CosgroveU.S. Circuit Court for the Northern District of Illnois · 1865
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