Legal Opinion

Burney v. Ball

Supreme Court of Georgia

Decided January 15, 1858PublishedCited by 27 opinions

Ill Equity, from Dougherty county. Tried before Judge Allen, June Term, 1857. This was a suit instituted by Green B. Burney, as administrator of Anson Ball, deceased, against Milton C. Ball, to recover certain property of his intestate.

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Ill Equity, from Dougherty county. Tried before Judge Allen, June Term, 1857. This was a suit instituted by Green B. Burney, as administrator of Anson Ball, deceased, against Milton C. Ball, to recover certain property of his intestate. The bill alleges that the whole of the property of the intestate had gone into the possession of M. C. Ball, who during the lifetime of his father had managed all his affairs, and that Anson Ball paid little attention to them, hut depended entirely on his son M. C. Ball’s honesty and integrity. That in the month of March, 1847, the said Anson Ball, having…

1Opinion of the CourtLumpkin, J.

By the Court. delivering the opinion.

[1.] Was the Court right in aliowingthe amended answer to be filed in this case ? It seems that the original bill had been amended. The casetwas transferred,by consent of parties, to the appeal docket. The complainant filed an amendment to the bill, April, 1855. At the June Term, 1856, com*513plainant further amended his bill by striking out and withdrawing the first amendment, which the Court held he hada right to do under the Act of 1853-4. The answer to the amended bill, and which is the subject-matter of this exception, was actually filed June 11th, 1856,…

2Cited by27 opinions

  1. Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
  2. W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
  3. Seddon v. RosenbaumSupreme Court of Virginia · 1889
  4. Burt v. AndrewsSupreme Court of Georgia · 1900
  5. Klag v. Home Insurance Co.Court of Appeals of Georgia · 1967

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