98 Ga. 490 | Ga. | 1896
1. An action for damages brought by Boon against “The Mayor and Council of the Town of Jackson” resulted in a verdict in his favor, which was afterwards set aside by this court. 93 Ga. 662. At the next trial, the case took an entirely new turn. A motion was then made to dismiss the action on the ground that it was brought as above stated, when it should have been brought against “The Town of Jackson,” that being the corporate name of the munici
2. But even if tbe declaration could have been amended so as-to make it an action against tbe town of Jackson, tbe plaintiff in error bas not properly brought to tliis court for review an alleged refusal of tbe trial court to allow just sucli an amendment. Tbe bill of exceptions states tbat tbe court erred “in refusing to allow tbe amendment offered by tbe plaintiff to- bis writ before tbe said case was dismissed.” . It does not inform us wliat tliis amendment contained, but undertakes to bring it to this court by specifying as a part of tbe record to be sent up “tbe application to amend tbe writ by plaintiff, and tbe order refusing said amendment.” Tbe rejected amendment was no- part of tbe record; and in assigning error upon a refusal to- allow it to be made, a copy of tbe same should have been set forth, or at least its substance stated, in tbe bill of exceptions, or attached thereto as an exhibit properly authenticated. We cite two cases precisely in point upon this question of practice: Sibley v. Mutual Ass’n, 87 Ga. 738, and Barnett v. E. T., V. & G. Ry. Co., Ibid. 767.
Judgment affirmed.