Vanderzer v. McMillan
Supreme Court of Georgia
In Equity, in Elbert superior court. Decision by Judge Thomas, March Term, 1859. This was a bill filed by Robert McMillan against ¥m. T. YanDerzer, administrator of Ira Christian, deceased, and others. Complainant moved to amend his bill by striking out all that part which sought a discovery from the defendants, and to-insert a waiver or disclaimer of any discovery or answer as to the charges and allegations of the bill. Defendant objected to the amendment.
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In Equity, in Elbert superior court. Decision by Judge Thomas, March Term, 1859. This was a bill filed by Robert McMillan against ¥m. T. YanDerzer, administrator of Ira Christian, deceased, and others. Complainant moved to amend his bill by striking out all that part which sought a discovery from the defendants, and to-insert a waiver or disclaimer of any discovery or answer as to the charges and allegations of the bill. Defendant objected to the amendment. The presiding judge overruled the objection and granted tho motion to amend. To which decision counsel for defendants excepted.
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
As to the right of the complainant to amend his bill, in the manner proposed, or any other, there can he no doubt, even if the necessary effect be to turn him out of court by demurrer or motion to dismiss, on the part of the defendant. A party, seeks the specific performance of a contract concerning-land. It does not appear from the bill itself, whether the agreement was in writing or not. Leave is asked and granted by the court to amend the bill, so as to allege, that the agreement was by parol. Can the defendant object to the allowance of the…
2Cited by2 opinions
- Jenkins v. LaneSupreme Court of Georgia · 1922
- Goodwin v. StateCourt of Appeals of Georgia · 1937