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25 Ga. 634

Brooks v. Colby

Supreme Court of Georgia

Decided June 15, 1858

Supreme Court of Georgia · decided 1858-06-15

In Equity, from Randolph county. Decision by Judge Kiddoo, November, adjourned Term, 1857. A bill filed by the administrator of J. M. Colby against Brooks, as the surviving partner of J. M. Colby & Co., for account and settlement.

Cited by 1 later decisions — most recently January 1898

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-06-15

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¶1By the Court.

McDonald, J.

¶2delivering the opinion.

¶3The order to amend the bill which was put on the minutes, and which it was now proposed to rescind, was moved by complainant, and can he considered nothing more than leave to amend. After obtaining the order the complainant did not amend, and the bill of complaint remained as it was.

¶4The order to amend was no amendment, when moved by the party, at whose instance it was granted, for his own benefit, it was not compulsory. The bill was, in fact, not amended. A bill is amended by either striking out or inserting matter, or engrossing the bill anew, adding the new matter* and so marking it as to distinguish it from the original matter. This is the mode of amendment in England. We follow it, except that we seldom engross the bill anew. There Was no error allowing the order to amend to be rescinded, although that was not necessary to entitle the complainant to rely on the bill as it stood unamended.

¶5Judgment affirmed.

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