Rozear v. J. G. McKenzie Lumber Co.
Rozear v. J. G. McKenzie Lumber Co.
Opinion of the Court
(After stating the foregoing facts.)
1. It was error for the court to disallow the amendment. A denial of the paragraphs of a suit on open account is not a plea of the general issue. Code, § 81-306; DeSoto Plantation Co. v. Hammett, 111 Ga. 24 (36 S. E. 304). The rule adopted by the city court of Bainbridge is void in so far as it is contradictory to the general law on the subject of the allowance of amendments. Code, § 81-1310. The court has no discretion to disallow an amendment, when otherwise good, merely because it sets up new facts, when a proper affidavit is attached. Wynn v. Wynn, 109 Ga. 255 (34 S. E. 341). The amendment was not subject to general demurrer; and if subject to objections in the nature of special
Judgmen\ reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.