Felker v. Johnson

Felker v. Johnson, 193 S.E. 472 (Ga. Ct. App. 1937)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: November 4, 1937
Docket: No. 26503
Judges: Sutton
Citations: 193 S.E. 47256 Ga. App. 6591937 Ga. App. LEXIS 192

Cited by 4 1 descriptions by later courts

Opinion of the Court — Sutton

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Sutton, J.

While under the Code the right to amend is very broad, it may not be exercised after a case has been tried and a judgment rendered therein which has not been set aside or va’cated. Southern Mutual Ins. Co. v. Turnley, 100 Ga. 296, 302 ( 27 S. E. 975 ); Cureton v. Cureton, 120 Ga. 559, 566 ( 48 S. E. 162 ); City of Columbus v. Anglin, 120 Ga. 785, 789 ( 48 S. E. 318 ) ; Real Estate Bank & Trust Co. v. Baldwin Locomotive Works, 145 Ga. 105 ( 88 S. E. 584 ); Land Development Cor. v. Union Trust Co., 180 Ga. 785, 791 ( 180 S. E. 836 ); Georgia Motor Sales Inc. v. Wade, 37 Ga. App. 24, 27 ( 138 S. E. 797 ). Accordingly, where it appears in the present ca'se that suit was brought on a debt, and the defendant’s general demurrer was overruled and the case proceeded to trial, and verdict and judgment were rendered in favor of the plaintiff, and this court affirmed the judgment of the trial court in overruling the demurrer and the judgment in refusing to grant a new trial, it was too late for the defendant to amend his answer by setting up that the debt had been fully paid, although the amendment was tendered before the remittitur from this court had been made the judgment of the trial .court.

Judgment affirmed.

Stephens, P. J., and Felton, J., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(decided under former Code 1933, § 81-1301)

Kace Invs., L.P. v. Hull, 629 S.E.2d 26 (Ga. Ct. App. 2006)

Cited by 4 cases

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State Appellate Courts4

Relies on it most ⓘ

Forrester v. Pullman Co.19 S.E.2d 330 (Ga. Ct. App. 1942)
Rahal v. Titus138 S.E.2d 68 (Ga. Ct. App. 1964)
Kace Investments, L.P. v. Hull629 S.E.2d 26 (Ga. Ct. App. 2006)
Doyle v. United Finance Co.102 S.E.2d 637 (Ga. Ct. App. 1958)

Most recent

Kace Investments, L.P. v. Hull629 S.E.2d 26 (Ga. Ct. App. 2006)
Rahal v. Titus138 S.E.2d 68 (Ga. Ct. App. 1964)
Doyle v. United Finance Co.102 S.E.2d 637 (Ga. Ct. App. 1958)
Forrester v. Pullman Co.19 S.E.2d 330 (Ga. Ct. App. 1942)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	City of Columbus v. Anglin, 48 S.E. 318 (Ga. 1904)	135
	Southern Mut. Ins. v. Turnley, 27 S.E. 975 (Ga. 1897)	49
	Cureton v. Cureton, 48 S.E. 162 (Ga. 1904)	27
	Real Estate Bank & Trust Co. v. Baldwin Locomotive Works, 88 S.E. 584 (Ga. 1916)	13
	Land Dev. Corp. v. Union Trust Co., 180 S.E. 836 (Ga. 1935)	12
	Ga. Motor Sales Inc. v. Wade, 138 S.E. 797 (Ga. Ct. App. 1927)	6

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