Central of Georgia Railway Co. v. Sharpe

One of the questions raised by the objections to the allowance of the amendment to the petition, setting up two separate counts, stems from the wording of the amendment striking the original petition in its entirety and substituting in lieu thereof the petition in two counts. It is contended that, after the original petition had been stricken, there was nothing to amend by, and that therefore the trial judge was without jurisdiction to entertain and allow the amendment. Counsel for the plaintiff in error recognize that the plaintiff was attempting to conform to the ruling in Southeastern…