Canuet & Simmons v. Seaboard Air-Line Railway
Supreme Court of Georgia
A special demurrer to certain, paragraphs and parts of paragraphs of the plaintiff’s petition was sustained by the trial judge, on April 29, 1905, and the plaintiffs were allowed sixty days within which to amend the petition. Within the time allowed they filed the amendment.
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A special demurrer to certain, paragraphs and parts of paragraphs of the plaintiff’s petition was sustained by the trial judge, on April 29, 1905, and the plaintiffs were allowed sixty days within which to amend the petition. Within the time allowed they filed the amendment. At the May term, 1906, the case was called in its order, and the court, *on objection of the defendant, declined to al-' low the amendment which had been filed; whereupon the plaintiffs offered an amendment to their amendment. This also the court, on objection, declined to allow. It does not appear that the case was ever…
1Opinion of the CourtEvans, J.
1. Where the court sustains a special demurrer to specified portions of plaintiffs’ petition, but allows them a certain number of days in which to amend, and an amendment is accordingly filed within the time allowed, and subsequently, after the expiration of the time allowed, upon the call of the case at a' regular term of court, this - amendment and an amendment to this amendment are objected to by the defendant, and the court refuses to allow such amendments, such rulings do not result in a final judgment dismissing the case, but leave the,petition (with the paragraphs stricken on special…
2Cases cited2 opinions
- Blackwell v. Ramsey-Brisben Stone Co.Supreme Court of Georgia · 1906
- George T. Jackson & Co. v. John A. Green & Co.Supreme Court of Georgia · 1877
3Cited by17 opinions
- Sutton v. AdamsSupreme Court of Georgia · 1934
- A. C. Alexander Lumber Co. v. BagleySupreme Court of Georgia · 1937
- McConnell v. Frank E. Block Co.Court of Appeals of Georgia · 1921
- Burkhalter v. RoachSupreme Court of Georgia · 1916
- Atlantic Refining Co. v. PeersonCourt of Appeals of Georgia · 1923
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