115 Ga. 92 | Ga. | 1902
Miller sued the railway company, and obtained a verdict and judgment in his favor. The case was brought to this court for review, and was sent back for a new trial on the ground that, the court below erred in overruling a demurrer to the plaintiff’s petition. See 113 Ga. 15. Upon the return of the remittitur to the court below, counsel for the railway company moved that it be made the judgment of the trial court, and also moved that an order be passed dismissing the plaintiff’s petition. The plaintiff thereupon offered an amendment to his petition as originally filed, which,' over objection, was allowed, and the defendant excepted. The grounds of objection to the allowance of the amendment were, (1) that it was offered too late; (2) that there was nothing by which to amend; (3) that the Supreme Court having adjudged that the defendant’s general demurrer should have been sustained, the petition should be dismissed ; (4) that the petition as amended set out no cause of action.
Judgment affirmed.