Hall v. Mobley
Supreme Court of Georgia
Assumpsit, &c. in Appling Superior Court. Decision by Judge Love, December Term, 1852. Hall brought suit against Mobley, in Appling Superior Court, but failed to aver that he ivas a citizen or resident of- “ said County.” Mobley appeared and filed a plea of non est factum. The issue was found for the plaintiff, and Mobley appealed.
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Assumpsit, &c. in Appling Superior Court. Decision by Judge Love, December Term, 1852. Hall brought suit against Mobley, in Appling Superior Court, but failed to aver that he ivas a citizen or resident of- “ said County.” Mobley appeared and filed a plea of non est factum. The issue was found for the plaintiff, and Mobley appealed. At the second term of the Court after the appeal, leave was granted to the plaintiff to amend, iwhich he did by adding the words “ of said County.” At the next term, counsel for Mobley moved to strike out the amendment and dismiss the action for want of…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering tbe opinion.
[1.] In our judgment, the declaration was amendable, at the time it was amended, by averring the residence of the defendant to be in the County of Appling. If it was, it was error to order it to be afterwards stricken out. An exception to the declaration for want of that averment at the first term, would have been regular, and in the face of the exception the plaintiff could not have proceeded. He would have been then put upon amending, and could have amended.
[2.] Upon the appeal, the plaintiff,' on his voluntary motion, was allowed to amend. We…
2Cases cited1 opinion
- Gracie v. PalmerSupreme Court of the United States · 1823
3Cited by6 opinions
- Owens v. OwensSupreme Court of Georgia · 1940
- Curtis v. HowardSupreme Court of Florida · 1894
- Drake v. LewisCourt of Appeals of Georgia · 1913
- McGahee v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1900
- Butler v. WintonCourt of Appeals of Georgia · 1937
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