Hooper v. City of Atlanta
Court of Appeals of Georgia
Action for damages; from Eulton superior court — Judge Pendleton. April 14, 1920.
1Opinion of the CourtLuke, J.
1. Tlie' code-section which declares that pleadings may bo amended, whether in matter of form or of substance, provided there is enough in the pleadings to amend by (Civil Code of 1910, § 5681), properly construed, means, that in order to admit of amendment, a valid cause of action must be set forth in the original declaration. Selma &c. Railroad Co. v. Laeey, 49 Ga. 107(2).
2. While an imperfect cause of action may be made perfect by suitable amendment, that which is no cause of action whatever cannot by amendment be converted into a cause of action. Davis v. Muscogee Manufacturing Co., 106…
2Cases cited2 opinions
- Davis v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1898
- Saunders v. City of FitzgeraldSupreme Court of Georgia · 1901
3Cited by9 opinions
- Harrell v. ParkerSupreme Court of Georgia · 1938
- City of Atlanta v. BarrettCourt of Appeals of Georgia · 1960
- City of Atlanta v. FullerCourt of Appeals of Georgia · 1968
- Bituminous Casualty Corp. v. R. D. C., Inc.District Court, N.D. Georgia · 1971
- Atlanta Taxicab Co. Owners Ass'n v. City of AtlantaSupreme Court of Georgia · 2006
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