115 Ga. 780 | Ga. | 1902
The Equitable Trust Company brought, in the city court of Atlanta, an action against Mrs. Mary A. Reed, of Fulton county, to recover the amount due on a bond the payment of which was secured by a deed to land situated in the county of Columbia. The plaintiff prayed in its petition, not only for a general judgment against Mrs. Reed, but also that its special lien upon the land just mentioned be set up and established. The defendant relied on an answer in which the fact was recited that she had filed a voluntary petition in bankruptcy, and in which she prayed that the plaintiff’s action be stayed until her discharge in bankruptcy and for twelve months thereafter. This prayer was expressly based upon the ground that the plaintiff was seeking to obtain against her a general judgment. After the filing of the defendant’s answer, the trust company offered an amendment striking its prayer for a general judgment; and the judge thereupon passed an order calling upon Mrs. Reed to show cause why this amendment should not be allowed. In resisting this attempt on the part of the plaintiff to amend its petition, she insisted, (1) that although it, if amended as proposed, would seek only a foreclosure of the plaintiff’s lien, there should nevertheless be a stay of the proceedings ; (2) that “no papers, deeds, are attached to said suit, authorizing a special judgment against defendant;” and (3) that the plain
Judgment affirmed.