Legal Opinion

Mitchell v. Long

Supreme Court of Georgia

Decided January 6, 1885PublishedCited by 15 opinions

Judgments. Administrators and Executors. Amendment. Process. Code. Practice in Supreme Court. Before Judge Port. Lee Superior Court. March Term, 1885. . Reported in the decision.

1Opinion of the Court

Hall, Justice.

The plaintiff moved to amend a judgment, by changing the name of defendant’s testator from TI. H. Long to W. H. Long, so as to make it conform to the pleadings in the case.

This motion was served upon the defendant, and he resisted it,

(1.) Because the suit was founded on a written contract made by the defendant after the death of the testator, and without authority of law, as appears by the declaration, upon which no legal judgment could have been rendered against the goods and chattels, etc., of the testator, in the hands of the defendant as his executor, to be administered.

(2.)…

2Cases cited4 opinions

  1. Beall v. BlakeSupreme Court of Georgia · 1853
  2. Buchanan v. SterlingSupreme Court of Georgia · 1879
  3. Walker v. ScottSupreme Court of Georgia · 1859
  4. Johnson v. GoddardSupreme Court of Georgia · 1856

3Cited by15 opinions

  1. Neal-Millard Co. v. OwensSupreme Court of Georgia · 1902
  2. Curtis v. AshworthSupreme Court of Georgia · 1928
  3. Barron v. TerrellSupreme Court of Georgia · 1906
  4. Winn v. ButtsSupreme Court of Georgia · 1907
  5. Hogan v. HoganSupreme Court of Georgia · 1918

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