Busby & Son v. Elliott
Court of Appeals of Georgia
Complaint; from city court of Floyd county—-Judge Nunnally. September 7, 1917.
1Opinion of the CourtJenkins, J.
1. An affidavit upon which an attachment is based is amendable to the same extent as ordinary declarations, and with only the restrictions, limitations, and consequences now obtaining in the case of *392ordinary declarations and pleas (Civil Code of 1910, § 5706; Penn v. McGhee, 6 Ga. App. 631, 65 S. E. 686) ; but since a suit brought by one in his individual name can not be changed into a suit in the name of a partnership (Blackwell v. Pennington, 66 Ga. 240), the .court did not err in refusing to allow the proposed amendment to the affidavit and attachment bond, to the effect that the…
2Cases cited10 opinions
- Penn & Watson v. McGheeCourt of Appeals of Georgia · 1909
- Cowart v. Caldwell Co.Supreme Court of Georgia · 1910
- Woodbridge v. DroughtSupreme Court of Georgia · 1903
- Walter v. KiersteadSupreme Court of Georgia · 1885
- Camp v. CahnSupreme Court of Georgia · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rosenberg v. BullardCalifornia Court of Appeal · 1932
- Holston Box & Lumber Co. v. Vonberg & BatesCourt of Appeals of Georgia · 1925
- McCorkel v. Whitten & SonCourt of Appeals of Georgia · 1921
- Universal Match Corp. v. HendricksCourt of Appeals of Georgia · 1956
- Knight v. GaskinsCourt of Appeals of Georgia · 1919
3 more not listed; retrieve them via the Exa API.