Killen v. Sistrunk
Supreme Court of Georgia
Issue was joined in this cause, with a motion to dismiss the writ, because the plaintiff in error in the writ was “ John Killen,” whereas, the bill of exceptions and transcript of the record showed the cause in the Court below to be against “ John Killen, executor of James H. Killen, deceased.” Counsel for plaintiff in error moved to amend the writ of error by the bill of exceptions.
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] In matters of amendment,.the most liberal practice has always been pursued by this Court. We have never hesitated to allow mistakes to be corrected, when it could be done without prejudice to the other party. In Alabama, a special Statute has been passed, which provides, that “All writs of error, wherein there shall be any variance from the original record, either in the name or number of the parties, the form of the action, or other defect, may and shall be amended and made agreeable to the record.” Branch Bank of Mobile vs. The…
2Cases cited1 opinion
- Branch Bank of Mobile v. Adm'rs of MurphySupreme Court of Alabama · 1845
3Cited by3 opinions
- Jones v. StateCourt of Appeals of Georgia · 1974
- In Re HealyCourt of Appeals of Georgia · 1999
- In Re HealyCourt of Appeals of Georgia · 1999