Mauldin v. Mauldin
Court of Appeals of Georgia
Appeal from Fulton superior court — Judge Bell. March 17, 1920. R. F. Mauldin, of Fulton county, was adjudged of unsound mind and committed to the State Sanitarium at Milledgeville by the court of ordinary of Fulton county in November, 1917, and his wife was appointed guardian of his person and property.
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Appeal from Fulton superior court — Judge Bell. March 17, 1920. R. F. Mauldin, of Fulton county, was adjudged of unsound mind and committed to the State Sanitarium at Milledgeville by the court of ordinary of Fulton county in November, 1917, and his wife was appointed guardian of his person and property. On January 16, 1919, while still in the State Sanitarium, he filed in his own name a petition in the court of ordinary of Fulton county, alleging: (1) that the orders of the court of ordinary in regard to.these matters were void; (2) that various sales made by the guardian under orders of…
1Opinion of the CourtBroyles, C. J.
1. The amendment to the petition did not set out a new cause of action, and the court did not err in allowing it over the objections urged.(a) There was no merit in the objection that the amendment set up facts which developed after the filing of the original petition in the ordinary’s court. Jt is not error upon the trial on appeal in the superior court, to allow an amendment to the pleadings which could have been properly allowed in the ordinary’s court if the case had been there pending instead of in the superior court. The true test is: Was the subject-matter of the amendment within the…
2Cases cited5 opinions
- Stansell v. MasseySupreme Court of Georgia · 1893
- Hufbauer v. JacksonSupreme Court of Georgia · 1893
- Berger v. Saul & Co.Supreme Court of Georgia · 1900
- Patterson v. SamsCourt of Appeals of Georgia · 1907
- Watson v. GoolsbySupreme Court of Georgia · 1891
3Cited by3 opinions
- Pollock v. City of AlbanyCourt of Appeals of Georgia · 1953
- Collins v. Louisville & Wadley RailroadCourt of Appeals of Georgia · 1955
- Garrison v. McGuireCourt of Appeals of Georgia · 1966