Western & Atlantic Railroad v. Mallett
Court of Appeals of Georgia
Action for damages; from Whitfield superior court—Judge Tarver. May 7, 191&
1Opinion of the CourtStephens, J.
1. Where an amendment to the pleadings was offered and allowed, the trial judge did not abuse his discretion in overruling a motion, made by the opposite party, to continue, the case on the ground of surprise, when the movant made no showing to the effect that he was “less prepared for trial, and how, than he would have been if such amendment had not been made, and that such surprise is not claimed for the purpose of delay.” Civil Code (1910), § 5714; Georgia Life Ins. Co. v. Hanvey, 143 Ga. 786 (2) (85 S. E. 1036).
2. Where the existence of a fact was affirmed by positive evidence and denied…
2Cases cited3 opinions
- Innis v. StateSupreme Court of Georgia · 1871
- Georgia Life Insurance v. HanveySupreme Court of Georgia · 1915
- Pendergrast v. GreesonCourt of Appeals of Georgia · 1909
3Cited by6 opinions
- Georgia Railroad & Banking Co. v. WallisCourt of Appeals of Georgia · 1923
- Crosby Aeromarine, Inc. v. HydeCourt of Appeals of Georgia · 1967
- Pollard v. GormanCourt of Appeals of Georgia · 1935
- Youngblood v. RuisCourt of Appeals of Georgia · 1957
- Bradberry v. Lumbermen's Mutual Casualty Co.Court of Appeals of Georgia · 1939
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