8 Ga. App. 483 | Ga. Ct. App. | 1911
(After stating the foregoing facts.)
The general demurrer, objecting to the substance of the petition, wás vei’y properly overruled, and, in -the absence of a special demurrer as to the form, any defective or imperfect description as to who was the real party plaintiff was cured by the verdict. The petition was amendable by adding that it was brought by Henry Bradley Jr., by Henry Bradley, next friend. Civil Code of 1895, § 4947; Royal v. Grant, 5 Ga. App. 644 (63 S. E. 708). Eor this additional reason, the court did not err in overruling the motion in arrest of judgment; for such a motion can never reach an amendable-or curable defect. Civil Code of 1895, § 5362; Chapman v. Taliaferro, 1 Ga. App. 235 (58 S. E. 128) ; Davis v. Bray, 119 Ga. 220 (46 S. E. 90); Leffler v. Union Compress Co.) 121 Ga. 40 (48 S. E. 710). But as we have-above shown, considering-all the allegations of the petition, there was no room for doubt as to who was the real plaintiff in the case, or that the legal effect of the suit, as illustrated by the allegations of the petition, made it the suit of Henry Bradley Jr. by his next friend, Henry Bradley. See also, in this connection, King v. King, 37 Ga. 217. The paramount
There are numerous other grounds in the amended motion for a new trial. We have considered all of them carefully, and our conclusion is that the judge fully, fairly, and correctly instructed the jury on the law applicable to the issues made by the pleadings and evidence, and we find no material or prejudicial error. There