Boyd v. Clements

Decided July 15, 1850

Supreme Court of Georgia · decided 1850-07-15

[1.] The 4th Common Law Rule of Practiceis not applicable to causes in Equity- [2.] When a cause in Equity is pending, and the pleadings are made up and the issues joined, the complainant is not entitled to amend, as á matter of right, but amendments will be allowed, in the discretion of the Court, upon special cause shown. [3.] Surprise is good special cause for the allowance of an anjendment.

Decided 1850-07-15

¶1 By the Court.

Nisbet, J.

¶2delivering the opinion.

¶3[1.] The 4th Common Law Rule of Practice does not apply to causes in Equity, and the complainant was not entitled to an amendment in this case as a matter of right.

¶4[2.] Amendments to bills pending on the appeal, are not allowable but in the discretion of the Court; and when the pleadings are made up, and the issues joined, that discretion will not be exercised to grant amendments but upon special cause shown. Berry vs. Mathews, 7 Geo. R. 457. Georgia R. R. & Banking Co. vs. Milner & Co. 8 Geo. R. 315.

¶5[3.] In this case, the cause shown is surf rise, and our judgment is, that the presiding Judge properly allowed the amendment, and also the continuance for the purpose of the amendment.

¶6Let the judgment be affirmed.