Tompkins v. Venable
Supreme Court of Georgia
Case for words, in Cass Superior Court. Decision by Judge Teippe, September Term, 1855. Averdictwas rendered against Caleb Tompkins for $2,000, and he appealed informa pauperis. The'affidavit, as recorded was, “ that he was unable to give the security as now required by law, in cases of appeal; that he is advised and believes, that owing to his poverty, he is unable to give security as now required by law.”
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Case for words, in Cass Superior Court. Decision by Judge Teippe, September Term, 1855. Averdictwas rendered against Caleb Tompkins for $2,000, and he appealed informa pauperis. The'affidavit, as recorded was, “ that he was unable to give the security as now required by law, in cases of appeal; that he is advised and believes, that owing to his poverty, he is unable to give security as now required by law.” A motion being made to dismiss the appeal, Counsel for Tompkins moved to amend the record, by inserting the words omitted, and in support of this motion, produced the affidavit of James…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] This is just one of those cases in which we have so often decided that amendments may be made.
We suppose from the argument, that the Court below put his decision upon the ground that the affidavit not being properly entered, there was no appeal; and if there were no appeal, there was no case in Court, and nothing by which to amend. But this was a mistake.
The record shows that the appellant did all which was reasonable and diligent on his part, in order to have his appeal properly entered; and that his original affidavit was probably rightly…
2Cases cited1 opinion
- Little v. IngramSupreme Court of Georgia · 1854
3Cited by2 opinions
- Wever v. WeverSupreme Court of Georgia · 1940
- Sawyer v. CheneySupreme Court of Georgia · 1877