Raleigh & Gaston Railroad v. Pullman Co.
Supreme Court of Georgia
Action on contract. Before Judge Reid. City court of Atlanta. June 29, 1904. The Pullman Company began suit by attachment against the Raleigh and Gaston Railroad Company and the Seaboard and Roanoke Railroad Company, as lessees of the Georgia, Carolina and Northern Railway Company, both of the defendants being alleged to be foreign corporations.
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Action on contract. Before Judge Reid. City court of Atlanta. June 29, 1904. The Pullman Company began suit by attachment against the Raleigh and Gaston Railroad Company and the Seaboard and Roanoke Railroad Company, as lessees of the Georgia, Carolina and Northern Railway Company, both of the defendants being alleged to be foreign corporations. The allegations of the declaration were, in substance, as follows: On May 20, 1902, the defendant executed a contract as follows: “ The Pullman Company to keep the cars furnished us under the agreement in good order and repair, except repairs and…
1Opinion of the CourtFish, P. J.
1. The motion for a new trial alleges that just' before the judge concluded his charge to the jury, counsel for the defendants stated that they desired to amend their answer in a specified particular, to cQnform to some evidence which .had been introduced in the case. There was no tender of an amendment, but only the statement above referred to. It is alleged that “ the court refused to consider the statement as the tender of an amendment,” . and proceeded with the charge. This is not cause for *704reversal. Where an amendment is offered and disallowed, it must be brought up in the bill of…
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