Walker v. Cook
Supreme Court of Georgia
In Equity, in Harris Superior Court. Decision by Judge Craweord, September Term, 1854. This bill was filed by the plaintiffs in error, against the defendant in error, for the recovery of certain negroes and other property, under a marriage contract. A general demurrer, by defendant, being over-ruled, that decision was excepted to and carried to the Supreme Court. At Americus Term, 1854, this Court reversed that decision. (See the case reported in 15 Ga.
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In Equity, in Harris Superior Court. Decision by Judge Craweord, September Term, 1854. This bill was filed by the plaintiffs in error, against the defendant in error, for the recovery of certain negroes and other property, under a marriage contract. A general demurrer, by defendant, being over-ruled, that decision was excepted to and carried to the Supreme Court. At Americus Term, 1854, this Court reversed that decision. (See the case reported in 15 Ga. R. .) At the next term of Harris Court, complainants moved to amend their bill, by alleging a mistake in the draftsman, and praying a…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
An inspection of the record satisfies us, that (as we suggested when this case was argued before us,) the Court below placed the judgment, there, solely upon the ground, that as this Court had decided, when the cause was before us at Americus, that “ the demurrer should have been allowed, and the bill dismissed” (to use the language of his Honor Judge Craweord,) “there was nothing by which to amend; and to allow the amendment, would be the same as granting leave to file a new bill.”
This being the language of this record, it certifies to us that…
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