Murphy v. Peabody
Supreme Court of Georgia
Ejectment. Misnomer. Amendment. Trust. Deeds. Registration. Charge of Court. New Trial. Before Judge Crawford. Muscogee Superior Court. November Adjourned Term, 1878. Ejectment was brought on the demises of Joseph Jefferson, George H. Peabody and George Foster Peabody, against Mary E: and E. M. Murphy, tenants in possession, for two lots of land known as numbers two and three in a village near and above the city of Columbus, laid off by Seaborn Jones.
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Ejectment. Misnomer. Amendment. Trust. Deeds. Registration. Charge of Court. New Trial. Before Judge Crawford. Muscogee Superior Court. November Adjourned Term, 1878. Ejectment was brought on the demises of Joseph Jefferson, George H. Peabody and George Foster Peabody, against Mary E: and E. M. Murphy, tenants in possession, for two lots of land known as numbers two and three in a village near and above the city of Columbus, laid off by Seaborn Jones. The defendant, Mary E. Murphy, pleaded, in substance, as follows: On the — day of --- the title of the premises was in Jefferson. On that day…
1Opinion of the Court
Bleckley, Justice.
1. Whether a misnomer is amendable does not depend upon whether it is slight or gross. No case is too desperate to be healed; all misnomers in civil pleadings are amendable. Code, §3483. Certainly, it is a wide miss to write George Poster when the draftsman means Charles J., but such a blunder is only a misnomer, and the remedy is easy and instantaneous. The rule of amendment is as broad as the doctrine of universal salvation.
2. Both parties claimed under Jefferson, and the question was, to whom had Jefferson conveyed % The deed was -destroyed, and one theory of its contents…
2Cases cited2 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Woodson v. LawSupreme Court of Georgia · 1849
3Cited by10 opinions
- Week v. Big Bunker Hill Mining Corp.Supreme Court of Georgia · 1941
- Boyce v. DayCourt of Appeals of Georgia · 1907
- Spielberg v. McEntireCourt of Appeals of Georgia · 1962
- Sanders v. StateSupreme Court of Georgia · 1890
- Georgia, Florida & Alabama Railway Co. v. Penn Tobacco Co.Court of Appeals of Georgia · 1911
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