Bailey v. Jones
Supreme Court of Georgia
Action for Land, in Thomas Superior Court. Decision by Judge Love, May Term, 1853. When this cause came on to be heard in the Court below, the counsel for defendant below, and the plaintiff in error, moved to strike out two amendments which had been filed to the complaint, on the ground that the action was brought under the Act of 1847, “ To curtail and simplify pleadings at Law”, and in conformity thereto, and was therefore not amendable.
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Action for Land, in Thomas Superior Court. Decision by Judge Love, May Term, 1853. When this cause came on to be heard in the Court below, the counsel for defendant below, and the plaintiff in error, moved to strike out two amendments which had been filed to the complaint, on the ground that the action was brought under the Act of 1847, “ To curtail and simplify pleadings at Law”, and in conformity thereto, and was therefore not amendable. The Court refused the motion, and this is assigned as error. This action was brought to recover lots Nos. 163 and 164, of originally Irwin, now Thomas…
1Opinion of the Court
*386 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first assignment of error, assumes that if an action be brought under the Act of 1847, “ To curtail and simplify pleadings”, and in comformity thereto, that the same is not amendable. Such is not our interpretation of that Statute.— The writ under this Act may be amended, as the declaration might at Common Law, or under the Judiciary of 1799: provided it be done in conformity with the Act. In the petition, as it was originally filed in this case, the plaintiff sued for the whole of two lots of land. By his amendments, he claimed only…
2Cases cited1 opinion
- Smith v. MitchellSupreme Court of Georgia · 1849
3Cited by8 opinions
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Bass v. Seaboard Air Line Railroad Co.Supreme Court of Georgia · 1949
- Benson v. MaySupreme Court of Georgia · 1919
- Henderson v. FloodSupreme Court of Georgia · 1965
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