Legal Opinion

City of Rome v. Sudduth

Supreme Court of Georgia

Decided December 10, 1904PublishedCited by 24 opinions

Action for damages. Before Judge Henry. Floyd superior court. February 5, 1904.

1Opinion of the CourtSimmons, C. J.

1. Where a declaration has been demurred to in the trial court and the demurrer overruled and that judgment reversed by this court, upon the return of the remittitur to the lower court the plaintiff has the right to amend his declaration. Charleston Ry. Co. v. Miller, 116 Ga. 92. It is otherwise where the lower court has sustained a demurrer and that judgment affirmed by this court. In the latter case there is nothing in the lower court to amend. Central R. Co. v. Patterson, 87 Ga. 646.

2. The ruling of this court when the case was here before was that there were not sufficient facts alleged…

2Cases cited3 opinions

  1. Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
  2. Augusta Railway & Electric Co. v. SmithSupreme Court of Georgia · 1904
  3. City of Rome v. SuddethSupreme Court of Georgia · 1902

3Cited by24 opinions

  1. Augusta Railway & Electric Co. v. WeeklySupreme Court of Georgia · 1905
  2. Holland v. BoyettSupreme Court of Georgia · 1956
  3. Irons v. American National BankSupreme Court of Georgia · 1933
  4. Milton v. MiltonSupreme Court of Georgia · 1942
  5. Owen v. S. P. Richards Paper Co.Supreme Court of Georgia · 1939

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