Holston Box & Lumber Co. v. Holcomb

Court of Appeals of Georgia

Holston Box & Lumber Co. v. Holcomb

122 S.E. 737, 32 Ga. App. 115, 1924 Ga. App. LEXIS 305

CourtCourt of Appeals of Georgia

DecidedApril 19, 1924

Docket15088

StatusPublished

Cited by1 cases

This text of 122 S.E. 737 (Holston Box & Lumber Co. v. Holcomb) 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.

Bluebook

Holston Box & Lumber Co. v. Holcomb, 122 S.E. 737, 32 Ga. App. 115, 1924 Ga. App. LEXIS 305 (Ga. Ct. App. 1924).

Pincite

Opinion

Jenkins, P. J.

This case arose upon the foreclosure of a laborer’s lien in a justice’s court, and was appealed to the superior court. No motion for a new trial was made, but exception was [116]*116taken to allowing the plaintiff to amend his affidavit by striking the name of the person who in the original affidavit was stated to have been the agent acting for the defendant company in making the contract for the service, and substituting in lieu thereof the name of another person as such agent, acting for the defendant company. Exception is also taken to the refusal to award a non-suit, and to the exclusion of testimony, rejected as irrelevant, which was offered to show that a third person was still indebted to the defendant company.

1. Affidavits for the foreclosure of liens are amendable to the same extent as ordinary declarations. Civil Code (1910), § 5706. The amendment allowed in the instant case, which was offered merely to give correctly the name of the agent who acted for the same defendant in making the contract for services, did not have the effect of making a new and distinct party defendant, Benjamin v. Elliott, 22 Ga. App. 701 (97 S. E. 104).

2. The evidence for the affiant authorized a finding that the defendant was due him the amount claimed for work done in hauling lumber. The testimony excluded was irrelevant.

Judgment affirmed.

Stephens and Bell, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Jenkins, P. J.

This case arose upon the foreclosure of a laborer’s lien in a justice’s court, and was appealed to the superior court. No motion for a new trial was made, but exception was [116]*116taken to allowing the plaintiff to amend his affidavit by striking the name of the person who in the original affidavit was stated to have been the agent acting for the defendant company in making the contract for the service, and substituting in lieu thereof the name of another person as such agent, acting for the defendant company. Exception is also taken to the refusal to award a non-suit, and to the exclusion of testimony, rejected as irrelevant, which was offered to show that a third person was still indebted to the defendant company.

1. Affidavits for the foreclosure of liens are amendable to the same extent as ordinary declarations. Civil Code (1910), § 5706. The amendment allowed in the instant case, which was offered merely to give correctly the name of the agent who acted for the same defendant in making the contract for services, did not have the effect of making a new and distinct party defendant, Benjamin v. Elliott, 22 Ga. App. 701 (97 S. E. 104).

2. The evidence for the affiant authorized a finding that the defendant was due him the amount claimed for work done in hauling lumber. The testimony excluded was irrelevant.

Judgment affirmed.

Stephens and Bell, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

122 S.E. 737, 32 Ga. App. 115, 1924 Ga. App. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holston-box-lumber-co-v-holcomb-gactapp-1924.

Opinion

Related

Cite This Page — Counsel Stack