Reynolds v. Neal
Supreme Court of Georgia
Before Shelby Attaway, judge pro hoc vice. Bartowsuperior court. July term, 1892. Six justice’s court suits were brought by Neal against Branson, Reynolds and Tumlin, and judgments were rendered against the defendants. They appealed to the superior- court, where the cases were consolidated and tried together, being referred to a special master. To his report exceptions were filed by both sides.
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Before Shelby Attaway, judge pro hoc vice. Bartowsuperior court. July term, 1892. Six justice’s court suits were brought by Neal against Branson, Reynolds and Tumlin, and judgments were rendered against the defendants. They appealed to the superior- court, where the cases were consolidated and tried together, being referred to a special master. To his report exceptions were filed by both sides. All of these but one were overruled, and judgment in favor of the plaintiff's, the executors of Neal, was rendered. Reynolds brought his bill of exceptions, and a cross-bill of exceptions was taken by…
1Opinion of the Court
Bleckley, Chief Justice.
1. When a case is on appeal in the superior court from a justice’s court, any amendment of the summons, whether in matter of form or of substance, may be made which could have been made whilst the case was pending in the primary court. The only restriction on either court is, that there must be enough to amend by. Code, §3479. There was enough to amend by in the present case, and the amendments made cured the defects complained of.
2. Surely the appellant should not be allowed to break up his own appeal by urging that he had taken it too late, or from a void judgment,…
2Cases cited1 opinion
- Ballard v. Peoples' BankSupreme Court of Georgia · 1878
3Cited by6 opinions
- Bates v. BigbySupreme Court of Georgia · 1905
- Wofford v. VandiverCourt of Appeals of Georgia · 1945
- Giles v. VastakisCourt of Appeals of Georgia · 2003
- Austell v. City of AtlantaSupreme Court of Georgia · 1897
- Lindenberg v. First Federal Savings & Loan Ass'nDistrict Court, N.D. Georgia · 1981
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