Swinford v. Burdett Realty Co.

Court of Appeals of Georgia

Swinford v. Burdett Realty Co.

85 S.E.2d 631, 91 Ga. App. 375, 1955 Ga. App. LEXIS 747

Court of Appeals of Georgia·Decided January 20, 1955·No. 35350·Published·Cited by 1 cases

Opinion

Nichols, J.

1. The exceptions to the order of the trial court denying the motion to strike the plaintiff’s amendment are all based on the theory that no cause of action was set forth in the original petition, and that therefore the original petition was not amendable. Held:

[376] Felton, C. J., and Quillian, J., concur. Decided January 20, 1955. Poole, Pearce & Hall, Win. F. Lozier, for plaintiff in error. Calhoun & Calhoun, Walter W. Calhoun, contra.

The fact that a petition fails to set forth a complete cause of action is not necessarily a sufficient reason for refusing to allow an amendment adding matter of substance. Calhoun v. Edwards, 202 Ga. 95 (42 S. E. 2d 426).

Judgment affirmed.

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Nichols, J.

1. The exceptions to the order of the trial court denying the motion to strike the plaintiff’s amendment are all based on the theory that no cause of action was set forth in the original petition, and that therefore the original petition was not amendable. Held:

[376] Felton, C. J., and Quillian, J., concur. Decided January 20, 1955. Poole, Pearce & Hall, Win. F. Lozier, for plaintiff in error. Calhoun & Calhoun, Walter W. Calhoun, contra.

The fact that a petition fails to set forth a complete cause of action is not necessarily a sufficient reason for refusing to allow an amendment adding matter of substance. Calhoun v. Edwards, 202 Ga. 95 (42 S. E. 2d 426).

Judgment affirmed.

Swinford v. Burdett Realty Co., 85 S.E.2d 631, 91 Ga. App. 375, 1955 Ga. App. LEXIS 747 (Ga. Ct. App. 1955).

Pincite

85 S.E.2d 631 (Swinford v. Burdett Realty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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