Carey v. Ector
Supreme Court of Georgia
In Equity, in Muscogee Superior Court, before Judge Alexander, May Term, 1849. Edward Carey, as the assignee of the Bank of Columbus, filed a bill against Kitturah C. Ector, administratrix of Wiley B. Ector, deceased, and others, stockholders in the Planters’ & Mechanics’ Bank of Columbus, to recover from each of them, under the provision of the charter of the bank, their proportion or pro rata share of a judgment recovered by the Bank of Columbus against the Planters’ &…
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In Equity, in Muscogee Superior Court, before Judge Alexander, May Term, 1849. Edward Carey, as the assignee of the Bank of Columbus, filed a bill against Kitturah C. Ector, administratrix of Wiley B. Ector, deceased, and others, stockholders in the Planters’ & Mechanics’ Bank of Columbus, to recover from each of them, under the provision of the charter of the bank, their proportion or pro rata share of a judgment recovered by the Bank of Columbus against the Planters’ & Mechanics’ Bank for $50,000, founded upon thát amount of the bank bills issued by said bank. . On the 15th June, 1849, the…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
The error assigned to the decision of the Court below is, the allowing the defendant to amend her answer upon the showing made for that purpose.
[1.] The rule in regard to the amendment of a sworn answer in Chancery, is remarkably stringent. Where, however, there has been a clear mistake of a fact, the defendant must move to put in a supplemental answer, and accompany his motion with an affidavit, in which he must swear, that when he put in the original answer, he did not know the facts or circumstances upon which he applies, or any other…
2Cited by1 opinion
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