18 Ga. 399 | Ga. | 1855
By the Court.
delivering the opinion.
In the case before us, it is a real person who brings a real cause of action, in which a flesh and blood plaintiff alleges; that he claims title to the land in question and prays a recovery of the same absolutely and in his own right. If, now, an amendment be made and other real plaintiffs be inserted, viz: the heirs of the grantee, will not this be the introduction of. new parties plaintiff, and of a new cause of action?
If it be allowed, how' will the proceeding be regulated? In whoso favor will the writ of possession operate ? Who shall be responsible for costs ?
Those questions are suggestive of the difficulties and complications which would arise out of such a proceeding, and lead us to the conclusion, that the amendment proposed is not admissible.
Very slight legislative provision, perhaps, might make such an amendment appropriate, and give it a fit legal relation, to the other count.
Let the judgment be affirmed..