Dunham Lumber Co. v. Tumlin Lumber Co.

Court of Appeals of Georgia

Dunham Lumber Co. v. Tumlin Lumber Co.

111 S.E. 586, 28 Ga. App. 424, 1922 Ga. App. LEXIS 564

CourtCourt of Appeals of Georgia

DecidedApril 1, 1922

Docket12800

StatusPublished

Cited by1 cases

This text of 111 S.E. 586 (Dunham Lumber Co. v. Tumlin Lumber Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dunham Lumber Co. v. Tumlin Lumber Co., 111 S.E. 586, 28 Ga. App. 424, 1922 Ga. App. LEXIS 564 (Ga. Ct. App. 1922).

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Opinion

Jenkins, P. J.

This case is controlled by the ruling of the Supreme Coort in Clark v. Ganson, 144 Ga. 544 (87 S. E. 670), wherein it was held that “ the mere filing in the office of the cleric of the superior court of a paper called an amendment, but without any allowance by the judge or order permitting it to be filed, does not amount to amending the petition.” No amendment to the petition having been “ made ” within the time allowed by the previous order of the judge, the judgment dismissing the petition and overruling the motion to reinstate must stand

Affirmed.

Stephens and Hill, JJ., concur.

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Jenkins, P. J.

This case is controlled by the ruling of the Supreme Coort in Clark v. Ganson, 144 Ga. 544 (87 S. E. 670), wherein it was held that “ the mere filing in the office of the cleric of the superior court of a paper called an amendment, but without any allowance by the judge or order permitting it to be filed, does not amount to amending the petition.” No amendment to the petition having been “ made ” within the time allowed by the previous order of the judge, the judgment dismissing the petition and overruling the motion to reinstate must stand

Affirmed.

Stephens and Hill, JJ., concur.

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111 S.E. 586, 28 Ga. App. 424, 1922 Ga. App. LEXIS 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunham-lumber-co-v-tumlin-lumber-co-gactapp-1922.

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