Gittens v. Whelchel
Court of Appeals of Georgia
Certiorari; from Hall superior court—Judge J. B. Joues. September 21, 1912. , Gittens sued Mary Hayes in a justice’s court upon an account for board, and obtained a judgment. With, tbe filing of the suit he had summons of garnislnnent served upon W. H. Whelchel. The garnishee answered that he was not indebted, and, on the trial of a traverse to this answer, the justice rendered judgment in favor of the garnishee.
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Certiorari; from Hall superior court—Judge J. B. Joues. September 21, 1912. , Gittens sued Mary Hayes in a justice’s court upon an account for board, and obtained a judgment. With, tbe filing of the suit he had summons of garnislnnent served upon W. H. Whelchel. The garnishee answered that he was not indebted, and, on the trial of a traverse to this answer, the justice rendered judgment in favor of the garnishee. Gittens appealed to a jury in the justice’s court, and their verdict was against the garnishee. On certiorari this verdict was set aside and the case was remanded for another trial,…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. The magistrate was right in permitting the appeal bond to be amended. “An appeal bond, and all other bonds taken under requisition of law in the course of a judicial proceeding, may be amended.” Civil Code ,(1910), § 5707. Certainly this is true where the appeal is entered in good faith and no harm is done the opposite party by the amendment. Hendrix v. Mason, 70 Ga. 523, 527. In the present case the amendment simply added to the caption the title of the case in which the appeal was entered, and the amendment made no change of any material part of the…
2Cases cited4 opinions
- Hendrix & McBurney v. MasonSupreme Court of Georgia · 1883
- Nashville, Chattanooga & Saint Louis Railway v. BrownCourt of Appeals of Georgia · 1908
- Southern Express Co. v. MaddoxCourt of Appeals of Georgia · 1907
- Sapp v. ParrishCourt of Appeals of Georgia · 1907
3Cited by14 opinions
- Martin v. StateCourt of Appeals of Georgia · 1946
- State v. SedamIdaho Supreme Court · 1940
- Maddox v. WaldropCourt of Appeals of Georgia · 1939
- Sherman v. MorrisCourt of Appeals of Georgia · 1916
- Lang v. South Georgia Investment Co.Court of Appeals of Georgia · 1928
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