Rogers v. Atkinson
Supreme Court of Georgia
In Equity, in Floyd Superior Court. Decided by Judge John H. Lumpkin, August Term, 1853. In 1840, Robert Atkinson, administrator of Ligón, obtained a judgment in Floyd Superior Cornt, against Job Rogers, and the executors of Z. B. Hargroves, from which defendants appealed ; and pending the appeal, a written agreement was entered into by the attorneys on each side, to the effect that the appeal should be dismissed, and a certain credit entered on the judgment.
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In Equity, in Floyd Superior Court. Decided by Judge John H. Lumpkin, August Term, 1853. In 1840, Robert Atkinson, administrator of Ligón, obtained a judgment in Floyd Superior Cornt, against Job Rogers, and the executors of Z. B. Hargroves, from which defendants appealed ; and pending the appeal, a written agreement was entered into by the attorneys on each side, to the effect that the appeal should be dismissed, and a certain credit entered on the judgment. This agreement was placed on the Minutes of the Court, and carried into effect. There was an error in entering the judgment, which was…
1Opinion of the Court
By the Court
Nisbet, J.,
delivering the opinion.
[1.] The Court below, very properly ruled out the amendments. Some of them were unnecessary, because already in the bill — no reason, as to one, is given why it was not sooner made. This is the 8th or 9th year of this litigation. It ha3 been tried before this Court — has been tried several times below ; and to permit amendments, without any cause shown now, would outrage all equity practice, and set aside the well settled Law of this Court, on this head. The reason given why one of them was not sooner made, is that the party had been advised by…
2Cited by5 opinions
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- Smith v. GarrisonSupreme Court of Georgia · 1923
- Lambert v. Georgia Power Co.Supreme Court of Georgia · 1936