History
  • No items yet
midpage
Hillyer v. Magruder
25 Ga. App. 501
Ga. Ct. App.
1920
Check Treatment
Luke, J.

This case arises by reason of exceptions to the overruling of a petition for certiorari. One of the controlling questions raised in the petition for jcertorari is whether the suit could be amended by substituting the name of the tenant of the plaintiff as plaintiff suing for the use of the landlord. It was proper to allow the amendment.. See Holcombe v. Richmond & Danville R. Co. 78 Ga. 776 (3 S. E. 755); L. & N. R. Co. v. Morse, 143 Ga. 110 (84 S. E. 428), and cit.

The trial court did not err in. overruling the demurrer to the petition, or in rilling upon the admissibility of evidence.

The question raised as to the jurisdiction of the court over the subject-matter of this suit can not properly be raised by petition *504for certiorari. See Sawyer v. Blakely, 2 Ga. App. 159 (58 S. E. 399), and cit.

Under the particular facts of the case it was not error to overrule the petition for certiorari.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

Case Details

Case Name: Hillyer v. Magruder
Court Name: Court of Appeals of Georgia
Date Published: Jul 15, 1920
Citation: 25 Ga. App. 501
Docket Number: 11512
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.