Legal Opinion

Lewis v. Colquitt County

Court of Appeals of Georgia

Decided June 22, 1944No. 30329Published

1Opinion of the CourtMacIntyre, J.

The amendment to the petition having been filed at the next or second term of the court after the petition was filed, and the second demurrer not having been filed until the fourth term thereafter, the second demurrer comes too late, in that it was filed at a term subsequent to that at which the amendment was allowed without objection and ordered filed. “When an amendment was moved to a declaration, and allowed by the court, and no bill of exceptions was filed to the judgment, it is too late, at the next term of the court to move to dismiss the writ for any cause, which the amendment cures.…

2Cases cited15 opinions

  1. United States Ex Rel. International Contracting Co. v. LamontSupreme Court of the United States · 1894
  2. Aycock v. WilliamsSupreme Court of Georgia · 1938
  3. Gilmore v. StateSupreme Court of Georgia · 1903
  4. Williams v. StewartSupreme Court of Georgia · 1902
  5. Dyson v. Southern Railway Co.Supreme Court of Georgia · 1901

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