Legal Opinion

Demington v. Douglass

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 2 opinions

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.

Read the full summary

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…

2Cited by2 opinions

  1. American Surety Co. v. County of BibbSupreme Court of Georgia · 1926
  2. Ætna Insurance v. SparksSupreme Court of Georgia · 1879

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API