Dupon v. McLaren
Supreme Court of Georgia
Practice in the Supreme Court. Ejectment. Title. Non-suit. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. Dupon et al. brought ejectment against McLaren, administrator. Of the evidence it is only necessary to state that plaintiffs claimed as heirs at law of one Lamar, but it. did not appear whether they were the only heirs, or if not, how many there were. The court granted a non-suit, and plaintiffs excepted. For the other facts, see the opinion.
1Opinion of the Court
Jackson, Justice.
1. A motion was made to dismiss the bill of exceptions because there was a variance between the bill of exceptions and the transcript of the record in the Christian or given names of the plaintiffs in error. It seems that in the bill of exceptions they are called James Dupon and Francis Dupon, and in the transcript of record, Stephen F. Dupon and John A. P. Dupon. We think that the defect is amendable. The bill of exceptions may be amended so as *471to conform to the record, Code, §4288 ; and misnomers are amendable without delay. Code, §3483.
2. It is not showu in the record that…
2Cases cited1 opinion
- Sanford v. SanfordSupreme Court of Georgia · 1877
3Cited by11 opinions
- Ramey v. O'ByrneSupreme Court of Georgia · 1904
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Thompson v. SandersSupreme Court of Georgia · 1901
- Life & Casualty Insurance v. SmithCourt of Appeals of Georgia · 1936
- Overby v. PhelpsSupreme Court of Georgia · 1920
6 more not listed; retrieve them via the Exa API.