Fitzpatrick v. Paulding
| Decision Date | 17 December 1908 |
| Citation | 131 Ga. 693,63 S.E. 213 |
| Parties | FITZPATRICK et al. v. PAULDING. |
| Court | Georgia Supreme Court |
Pleading (§ 250*)—Judgment (§ 263*)—Complaint — Prayer for Relief — Amendment —Arrest of Judgment.
A petition which contained all the usual allegations appropriate to the recovery of the land therein described, mesne profits, and a stated sum as damages for the cutting by defendant of timber from the land, as well as for injunction to restrain further trespassing, and which alleged the insolvency of defendants, and that, if they were not restrained, the plaintiff would "be unable to collect from [defendants] the value of said timber they are proceeding to cut and remove and the mesne profits which your petitioner is entitled to recover in this suit, " but which contained only prayers for a restraining order, for injunction, and for process, showed on its face a purpose to recover damages in that suit, and the omission of a specific prayer for their recovery was an amendable defect . , andthe want of such a prayer was curable by verdict. Accordingly such defect was not cause for arrest of a judgment founded upon a verdict in favor of plaintiff for the recovery of a stated sum of money as damages. Civ. Code 1895, § 5365.
[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 730, 730 1/2; Dec. Dig. § 250;* Judgment, Cent. Dig. § 474; Dec. Dig. § 263.*]
(Syllabus by the Court.)
Error from Superior Court, Twiggs County; J. H. Martin, Judge.
Action by S. J. Paulding against C. B. Fitzpatrick and others. Judgment for plaintiff, and defendants bring error. Affirmed.
Olin J. Wimberly, for plaintiffs in error.
L. D. Moore, for defendant in error.
FISH, C. J. Judgment affirmed. All the Justices concur.
*.For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes
2-*For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes
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Windsor Forest, Inc. v. Rocker
...for these damages in the amendment adding Count 2 is a defect, it is a formal, amendable defect cured by verdict. Cf. Fitzpatrick v. Paulding, 131 Ga. 693, 63 S.E. 213; Wilson v. Groover, 146 Ga. 369, 91 S.E. 113; Auld v. Schmelz, 199 Ga. 633(2), 34 S.E.2d 860; Armstrong v. Armstrong, 206 G......
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Barbee v. Barbee
... ... amended so as to cover any omitted allegations. Code, § ... 110-705. See also Fitzpatrick v. Paulding, 131 Ga ... 693, 63 S.E. 213; Mell v. McNulty, 185 Ga. 343, 344, ... 195 S.E. 181; and cases there cited ... In ... ...
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Daniels v. Sanders
...proper time, the pleadings could have been amended so as to cover any omitted allegations. Code, § 110-705. See also Fitzpatrick v. Paulding, 131 Ga. 693, 63 S.E. 213; Mell v. McNulty, 185 Ga. 343, 344, 195 S.E. 181; and cases cited.' Barbee v. Barbee, 201 Ga. 763, 768, 41 S.E.2d 126. Thus,......
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Simonds v. Simonds, 54577
...omission of a prayer was considered an amendable defect. See e. g., Guthrie v. Spence, 55 Ga.App. 669, 191 S.E. 188; Fitzpatrick v. Paulding, 131 Ga. 693, 63 S.E. 213; Wright v. Florida-Georgia Tractor Co., 218 Ga. 824(2), 130 S.E.2d In Barbee v. Barbee, 201 Ga. 763, 767, 41 S.E.2d 126, 129......