Demington v. Douglass
Supreme Court of Georgia
Relief Act of 1870. Amendment. Before Judge Harrell. Randolph Superior Court. May Term, 1871. Demington, survivor for the use of Currier, sued Douglass on a promissory note, made in 1861, payable to Demington & Cole.
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Relief Act of 1870. Amendment. Before Judge Harrell. Randolph Superior Court. May Term, 1871. Demington, survivor for the use of Currier, sued Douglass on a promissory note, made in 1861, payable to Demington & Cole. No affidavit of payment of taxes on said note was filed, as required by the Relief Act of 1870, by Demington or Currier; but John K. Gunn had made and filed the affidavit, with an affidavit that said note was his, and that said suit was proceeding for his benefit. Gunn’s counsel stated in his place, that he received the note from Gunn, sued on it for him, and he was his sole…
1Opinion of the Court
McCay, Judge.
By our Code, the right of amendment is given in very broad terms: “ The pleadings may be amended in all respects, whether in form or substance:” Code, 3429. Again, by section 3436, “ When it becomes necessary for the purpose of enforcing the rights of such plaintiff, he may amend by substituting the name of another person suing for his use.” In this case the legal, formal plaintiff, is not purposed to be changed. The note is payable to Demington. The legal title is in him, and there is, in fact, nothing proposed here that changes the legal parties to the suit. The usee’s name is…
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