Duffey v. Harris
Court of Appeals of Georgia
Forfeiture of recognizance; from city court of Carrollton—• Judge Beall. June 24, 1916. On the ground that the assignments of error were too vague and indefinite, the defendant in error moved to dismiss the writ of error.
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Forfeiture of recognizance; from city court of Carrollton—• Judge Beall. June 24, 1916. On the ground that the assignments of error were too vague and indefinite, the defendant in error moved to dismiss the writ of error. The bill of exceptions states that there was an oral motion to strike the defendant’s answer, for want of issues of fact to be determined by a jury, and that a certain amendment to the answer was then offered by the defendant and was not allowed, but the court ordered that it be filed and become a part of the record in the case; and error is assigned as follows: “To the…
1Opinion of the CourtBloodworth, J.
1. The assignments of error in tlie bill of exceptions are sufficient to give this court jurisdiction. The motion to dismiss is without merit, and is overruled. Roddenbery v. Patterson, 136 Ga. 187 (71 S. E. 138).
2. While the general rule is that “where the court declines to allow an amendment which is offered it does not become a part of the record in the case, and this court can not consider what purports to be a copy of it appearing in the transcript of the record” (Wallace v. State, 17 Ga. App. 434, 87 S. E. 681), yet both this court and the Supreme Court have held that an amendment can…
2Cases cited8 opinions
- Schaeffer v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
- Collins v. SmithCourt of Appeals of Georgia · 1910
- Massey v. AllenSupreme Court of Georgia · 1873
- Roddenbery v. PattersonSupreme Court of Georgia · 1911
- Williams v. CandlerSupreme Court of Georgia · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re BrookinsCourt of Appeals of Georgia · 1980
- Sutherland v. DonovanCourt of Appeals of Georgia · 1925
- Blevins v. StateCourt of Appeals of Georgia · 1966
- In Re BrookinsCourt of Appeals of Georgia · 1980