Rutherford v. Hobbs
Supreme Court of Georgia
Ejectment. Amendment. Administrators and executors. Prescription. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. The jury returned a verdict for tbe defendant. A motion for new trial was made upon numerous grounds, but tbe case turned upon the rulings of the court below on tbe amendments changing the character in which tbe plaintiff sued, and the effect of such change on the prescriptive title set up by defendant.
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Ejectment. Amendment. Administrators and executors. Prescription. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. The jury returned a verdict for tbe defendant. A motion for new trial was made upon numerous grounds, but tbe case turned upon the rulings of the court below on tbe amendments changing the character in which tbe plaintiff sued, and the effect of such change on the prescriptive title set up by defendant. The court held that the prescription of defendant ran against the amended action until the date of the amendment. This necessitated a verdict for the defendant. Any…
1Opinion of the Court
Bleckley, Justice.
The action was commenced on May 17th, 1869. The declaration contained, but one demise, which was from Williams Rutherford, heir at law of Samuel Rutherford. The trial was had in April, 1879, at which time two other demises were found attached to the declaration, and purporting to be an amendment to the same. They were not marked as filed, nor was there any order of court allowing them as an amendment, or granting leave to amend. They, however, bore an acknowledgment of service, signed by the defendant, and dated October 29th, 1870. The court, on motion of the defendant’s…
2Cases cited4 opinions
- Neal v. RobertsonSupreme Court of Georgia · 1855
- Berry v. Lessee of OsborneSupreme Court of Georgia · 1854
- Doe ex demise Harrison v. RoeSupreme Court of Georgia · 1872
- Worthy v. KinamonSupreme Court of Georgia · 1871
3Cited by7 opinions
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- Baxter v. PhillipsSupreme Court of Georgia · 1920
- Bentley v. PhillipsSupreme Court of Georgia · 1930
- Walker v. HuddlestonMissouri Court of Appeals · 1953
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