Pettis v. Campbell
Supreme Court of Georgia
Amendment. Waiver. Tender. Confederate money. Interest. Before Judge Clabk. Lee Superior Court. November Term, 1872. Complaint was brought in the name of James Campbell, against David A. Pettis, on a note made by said Pettis, on March 12th, 1862, due January 1st, 1863, for the sum of $325 00, returnable to September term, 1869, of Lee Superior Court. No affidavit of the payment of taxes was filed. James Campbell died in the summer of 1862, leaving neither wife nor children.
Read the full summary
Amendment. Waiver. Tender. Confederate money. Interest. Before Judge Clabk. Lee Superior Court. November Term, 1872. Complaint was brought in the name of James Campbell, against David A. Pettis, on a note made by said Pettis, on March 12th, 1862, due January 1st, 1863, for the sum of $325 00, returnable to September term, 1869, of Lee Superior Court. No affidavit of the payment of taxes was filed. James Campbell died in the summer of 1862, leaving neither wife nor children. There was no administration upon his estate. At the September term of the Court, 1871, the declaration was amended by…
1Opinion of the Court
McCay, Judge.
The amendments made at different times as this case progresses are rather startling. The suit started in one name and has ended in another. But these amendments were not objected to, at least no steps were taken to file exceptions as provided in section 4191 of the Code.
If parties see fit to submit to interlocutory orders for amendment, etc., and allow the term to pass without filing exceptions, it is their own fault if they are concluded. Without doubt, Judges commit errors. But there must be some point at which litigation and dispute over a question end. A *598judgment of a Court…
2Cited by5 opinions
- Braswell v. PalmerSupreme Court of Georgia · 1942
- Ansley v. JordanSupreme Court of Georgia · 1878
- Pritchett v. Commissioners of Bartow CountySupreme Court of Georgia · 1894
- Carmichael v. First Farmers BankCourt of Appeals of Georgia · 1919
- Lewis v. Colquitt CountyCourt of Appeals of Georgia · 1944