3 Ga. 104 | Ga. | 1847
By the Court.
delivering the opinion.
John Dill brought an action of assumpsit, in the Superior Court of Baker County, against Edward EL, William P., and Jesse B. Tedlie. Service was perfected on two of them, to wit: Edward H. and William P. Tedlie, and the sheriff returned, “ not to he founds as to the other defendant, Jesse B. Tedlie. William P. Tedlie died before the case was docketed, but no notice was taken thereof upon the record, and judgment was taken at the regular term against both of the defendants who were served.
At June Term, 1847, of Baker Court, a motion was made before the presiding judge, to set aside the judgment as erroneous, upon
We are of the opinion, that the Court erred in refusing
Whether this judgment be amendable under the Statute of Jeofails, 17 Charles II., A. D. 1665, I will not undertake to say. Like all remedial acts, and especiallyjhose relating to amendments case of Hooe vs. Barber et al., 4 Hen. & that the judgeased defendant, and having been made Sd and preserve its ainst Law, 5 T. R. it should be construed Barber et al., 4 Hen. tnent might be set ash stand good as to the otl: nunc fro tunc-, in ordeij symmetry. See also N¿ 677.
• Judgment reversed.