Legal Opinion
Robertson v. Tallulah Falls Railway Co.
Court of Appeals of Georgia
Decided February 10, 1923No. 13526, 13594PublishedCited by 6 opinions
1Opinion of the CourtJenkins, P. J.
1. An amendment to a petition which materially changes the cause' of action opens the whole petition as amended to demurrer. An immaterial amendment does not render it thus subject. Civil ‘Code (1910), § 5652; Kelly v. Strouse, 116 Ga. 872 (1, b) (43 S. E. 280). While it appears that the amendment filed in this ease was of such material character as would subject the petition as a whole, to demurrer, this principle of law is not actually involved in the case, for the reason that the bill of exceptions does not indicate that any objection was made by the plaintiff to the consideration of the…
2Cases cited13 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Coney v. HorneSupreme Court of Georgia · 1894
- McCall v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
- Cox v. PottsSupreme Court of Georgia · 1881
- Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic RailroadSupreme Court of Georgia · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Tingle v. MaddoxSupreme Court of Georgia · 1938
- Green v. SpiresSupreme Court of Georgia · 1940
- Bishop v. PinsonCourt of Appeals of Georgia · 1924
- Taylor v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1923
1 more not listed; retrieve them via the Exa API.