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

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1955

Docket35350

StatusPublished

Cited by1 cases

This text of 85 S.E.2d 631 (Swinford v. Burdett Realty 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.

Bluebook

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

Pincite

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]*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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