Oglesby v. Stodghill
Supreme Court of Georgia
Trespass, in Elbert Superior Court Tried on the appeal, before Judge Thomas, at September Term, 1857. m action of trespass by Joel Stodghill against entering plaintiff’ premises and carrying off and converting to his, defendant’s use, certain wheat, corn, fodder, cotton, &e., belonging to plaintiff. The defendant pleaded the general issue.
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Trespass, in Elbert Superior Court Tried on the appeal, before Judge Thomas, at September Term, 1857. m action of trespass by Joel Stodghill against entering plaintiff’ premises and carrying off and converting to his, defendant’s use, certain wheat, corn, fodder, cotton, &e., belonging to plaintiff. The defendant pleaded the general issue. Plaintiff first offered in evidence the record of an action by him against defendant, brought to March Term, 1851, fox breach of warranty of the soundness of a negro, which had (been sold by Oglesby to plaintiff, and settled at March Term, 1853, by an…
1Opinion of the Court
By the Court. —
McDonald, J.
delivering the opinion.
The first assignment of error is, on the decision of the Court allowing plaintiff’s counsel to amend his declaration. A new count was added and it was objected, that it contained a new and distinct cause of action and it was not germain to the matter of the original declaration and incongruous therewith. No objection was made to the new count as to its sufficiency. The first and original count is trespass for entering plaintiff’s land and taking and carrying away plaintiff’s wheat, cotton, corn and fodder. The count introduced by way of…
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