Johnson Lumber Co. v. Akers Lumber Co.

“A petition showing a plaintiff and a defendant, and setting out sufficient to indicate and specify some particular fact or transaction as a cause of action is enough to amend by.” Civil Code (1910), § 5682, codifying the decision in Ellison v. Ga. R. Co., 87 Ga. 691 (13 S. E. 809), which construed the clause in section 5681 permitting amendments “in matter of form or of substance, provided there is enough in the pleadings to amend by.” The rules stated in the Ellison case are, that, where the amendment of a pleading is one as to form, there must be a “complete cause of action in substance;”…