McConnell v. Stubbs
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Kimsey. Haber-sham superior court. March 17, 1905. S. J. Stubbs and F. B. Stubbs brought their equitable petition against J. C. McConnell, alleging in substance as follows: On March 17, 1902, plaintiffs entered into an agreement with McConnell, forming a limited partnership for the manufacture and sale of lace leather.
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Exceptions to auditor’s report. Before Judge Kimsey. Haber-sham superior court. March 17, 1905. S. J. Stubbs and F. B. Stubbs brought their equitable petition against J. C. McConnell, alleging in substance as follows: On March 17, 1902, plaintiffs entered into an agreement with McConnell, forming a limited partnership for the manufacture and sale of lace leather. The contract attached to the petition provided, that they agreed to enter into a limited partnership; that McConnell, in consideration of the furnishing by the other parties of $5,000, to be used in buying new machinery, making…
1Opinion of the CourtLuMPKiN, J.
(After stating the facts.) 1. The contract was not in dispute. The plaintiffs claimed that they were entitled to have the $5,000 repaid to them. The defendant denied it. The issue was fully made in the pleadings and the evidence, and the auditor passed on it and found in favor of the plaintiffs. The amendment introduced no new issue, but simply adjusted the prayer of the petition more specifically to the finding of the auditor and the evidence* submitted to him. There was no error in allowing such an amendment. Sterling Electric Co. v. Augusta Telephone Co., 124 Ga. 371; Milner v. Mutual…
2Cases cited8 opinions
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Milner v. Mutual Benefit Building Ass'nSupreme Court of Georgia · 1898
- Miller & Son v. FreemanSupreme Court of Georgia · 1900
- Stegman v. BerryhillSupreme Court of Missouri · 1880
- Water Lot Co. v. LeonardSupreme Court of Georgia · 1860
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3Cited by4 opinions
- Greer v. AndrewSupreme Court of Georgia · 1909
- Wilkerson v. Patton Sash, Door & Building Co.Court of Appeals of Georgia · 1912
- Overstreet v. SchulmanCourt of Appeals of Georgia · 1948
- Painter v. HinesSupreme Court of Kansas · 1912