Woodson v. Law
Supreme Court of Georgia
Trover, &c. in Muscogee Superior Court. Motion to amend. Decided by Judge Alexander, May Term, 1849. Suit was instituted in the name of William Law against Wood-son, for the recovery of a negro slave.
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Trover, &c. in Muscogee Superior Court. Motion to amend. Decided by Judge Alexander, May Term, 1849. Suit was instituted in the name of William Law against Wood-son, for the recovery of a negro slave. There was an appeal by consent, and on the case being called on the appeal, counsel for plaintiff moved the Court to amend the pleadings by changing the name of William to James ; the counsel stating in his place— affidavit being waived — that James Law was his client, and by mistake he brought the action in the name of William Law; and that if he should be compelled to take a nonsuit, the right…
1Opinion of the Court
By the Court —
Warner, J.
delivering the opinion.
[1.] The ground of error alleged to the decision of the Court below, in this case is, that the plaintiff below was permitted to amend his declaration, by changing the Christian name of the plaintiff from William to J ames Law. On the application to amend the declaration, it was judicially made to appear to the Court by the plaintiff’s attorney, that James Law was his client, and that by mistake, he brought the action in the name of William Law ; and that, if nonsuited by the Court, the plaintiff’s right of action would be barred by the Statute of…
2Cited by2 opinions
- Murphy v. PeabodySupreme Court of Georgia · 1879
- Black v. JacobsCourt of Appeals of Georgia · 1966