Ramey v. O'Byrne
Supreme Court of Georgia
Complaint for land. Before Judge Henry. Floyd superior court. June 28, 1904. This was an action instituted by J. A. Anderson and M. A. O’Byrne, as receivers of the “ Southern Mutual Building and Loan Association.” The petition alleged, in substance, as follows: On November 26, 1894, William Barney executed to the building and loan association a deed to a described tract of land to secure a loan.
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Complaint for land. Before Judge Henry. Floyd superior court. June 28, 1904. This was an action instituted by J. A. Anderson and M. A. O’Byrne, as receivers of the “ Southern Mutual Building and Loan Association.” The petition alleged, in substance, as follows: On November 26, 1894, William Barney executed to the building and loan association a deed to a described tract of land to secure a loan. Barney has since died, and E. P. Treadaway has been appointed administrator of his estate. There is now due on the debt of Ramey to the association a named sum. Mrs. William Ramey, widow of William…
1Opinion of the CourtCobb, J.
1. Misnomers in the description of parties to a writ of error are not necessarily fatal. If the variance is not substantial, and it is clear that the party referred to in the bill- of exceptions and the record is the same, a dismissal will not result. Palatine Ins. Co. v. Dickenson, 116 Ga. 794; Fussell v. Dennard, 118 Ga. 270 (4). It need not be determined whether the variance in the present case is so substantial as to work a dismissal if left uncorrected. While a writ of error can not be amended so as to strike out the name of one person and substitute that of another who was the real…
2Cases cited21 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Steele Lumber Co. v. Laurens Lumber Co.Supreme Court of Georgia · 1896
- Swift v. ThomasSupreme Court of Georgia · 1897
- Fussell v. DennardSupreme Court of Georgia · 1903
- Sharp v. FindleySupreme Court of Georgia · 1884
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3Cited by37 opinions
- Smith v. ManningSupreme Court of Georgia · 1923
- Huey v. National BankSupreme Court of Georgia · 1933
- Fricker v. Americus Manufacturing & Improvement Co.Supreme Court of Georgia · 1905
- Newton v. RobertsSupreme Court of Georgia · 1926
- MacOn-bibb County Water & Sewerage Authority v. ReynoldsCourt of Appeals of Georgia · 1983
32 more not listed; retrieve them via the Exa API.