Rea v. McGahee
Court of Appeals of Georgia
Certiorari; from Fulton superior court—Judge Ellis. January 15, 1912. In a suit in a justice’s court the cause of action was stated in the summons as follows: “an action predicated on an acct. for thirty and 32/100 dollars, besides interest;” and following this was the statement, without date: “W.'S. Eea, in acct. with T. F. McGahee.
Read the full summary
Certiorari; from Fulton superior court—Judge Ellis. January 15, 1912. In a suit in a justice’s court the cause of action was stated in the summons as follows: “an action predicated on an acct. for thirty and 32/100 dollars, besides interest;” and following this was the statement, without date: “W.'S. Eea, in acct. with T. F. McGahee. Amt. of acct., $30.32.” At the first term, and before pleading, the defendant filed in writing a demurrer and a demand for a bill of particulars. The case was continued, and a bill of particulars was filed in the justice’s court, but, so far as 'appears from the…
1Opinion of the CourtPottle, J.
There is no statute requiring that an amendment attaching a bill of particulars in a justice’s court shall be served upon the defendant or his counsel. Section 6269 of the Civil Code is a rule of the superior court, and while, under section 4641 of the Civil Code, it has the force and effect of a statute, nevertheless it is applicable only to cases tried in the superior courts and in such other courts as have the same practice and procedure as that which prevails in the superior court. The general rule is that amendments to pleadings need not be served on the opposite party, and-the only…
2Cited by4 opinions
- Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
- Walker v. Industrial Stores Co.Court of Appeals of Georgia · 1927
- Hudson v. CohenCourt of Appeals of Georgia · 1924
- Slaton v. HinmanCourt of Appeals of Georgia · 1919