83 Ga. 203 | Ga. | 1889
Lovett brought his action against Hardee in the following form:
“Georgia, Hall county.—To the superior court of said county:
“The petition of Nathaniel Lovett shows, that Gardner S. Hardee of said county is indebted to your petitioner in the sum of one thousand dollars, besides interest, on a promissory note due in January, 1868, which said note thé said Gardner S. Hardee refuses to-pay.
“Wherefore your petitioner prays process may issue requiring the said Gardner 8. Hardee to be and appear at the next superior court for said county, to answer your petitioner’s complaint.
“Dan. W. Rountree, Howard Thompson, plaintiff’s attorneys.”
1. The first question in this case is, whether the court erred in allowing the amendments to the original declaration. We do not think it did. Cheney v. Dalton. 46 Ga. 401; Ross v. Jordan, 62 Ga. 298, as to allowing copy of the note to be attached. The original declaration is almost in the exact words of the form prescribed by section 3391 of the code. It only omits the date of the note and a copy thereof, and is defective only in these two points. We think it set out a cause .of action, though a defective one, and was amendable. The code prescribes a form which may be used in complaint for land, and declares that when said form is used, an abstract of the title relied on for recovery shall be annexed thereto. In the case of Camp v. Smith, 61 Ga. 449, where a complaint for land was brought under this short form and no abstract of title was annexed thereto, this court held that the declaration was amendable by annexing the abstract. We see no difference in allowing amendment by annexing an abstract of title,
2. The court granted a new trial. This is the first grant of a new trial in the case, and we are hot disposed to interfere with the discretion of the court in granting the same. Judgment affirmed.