Rogers v. Atkinson

14 Ga. 320
CourtSupreme Court of Georgia
DecidedOctober 15, 1853
DocketNo. 46
StatusPublished
Cited by5 cases

This text of 14 Ga. 320 (Rogers v. Atkinson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogers v. Atkinson, 14 Ga. 320 (Ga. 1853).

Opinion

By the Court

Nisbet, J.,

delivering the opinion.

[1.] The Court below, very properly ruled out the amendments. Some of them were unnecessary, because already in the bill — no reason, as to one, is given why it was not sooner made. This is the 8th or 9th year of this litigation. It ha3 been tried before this Court — has been tried several times below ; and to permit amendments, without any cause shown now, would outrage all equity practice, and set aside the well settled Law of this Court, on this head. The reason given why one of them was not sooner made, is that the party had been advised by counsel, that the doctrine which it asserts, was not involved in the case. This is no reason at all. Parties must know what doctrines are involved in their causes, at their peril.

[2.] But aside from all these considerations, the amendments make a new case. The original bill went to reform a written contract. These amendments set up an independent parol [323]*323agreement, and certain equities growing out of it; which agreement not only makes a new case, but a case which is contradictory of the case first made in the bill; and that is wholly inadmissible.

Let the judgment be affirmed.

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

Related

Lambert v. Georgia Power Co.
183 S.E. 814 (Supreme Court of Georgia, 1936)
Smith v. Garrison
116 S.E. 599 (Supreme Court of Georgia, 1923)
Jenkins v. Lane
115 S.E. 126 (Supreme Court of Georgia, 1922)
Hart v. Henderson
66 Ga. 568 (Supreme Court of Georgia, 1881)

Cite This Page — Counsel Stack

Bluebook (online)
14 Ga. 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-atkinson-ga-1853.