BENION v. LIFE & CAS. INS. CO. OF TENN

33490.

84 Ga. App. 509 (1951)

66 S.E.2d 75

BENION v. LIFE & CASUALTY INSURANCE COMPANY OF TENNESSEE.

Court of Appeals of Georgia.

Rehearing Denied July 25, 1951.


Attorney(s) appearing for the Case

Bill A. Shirley, Ruby S. Poole, for plaintiff.

William F. Buchanan, Mary J. Nelson, for defendant.


WORRILL, J.

1. "The mere filing in the office of the clerk of the superior court of a paper called an amendment, but without any allowance by the judge or order permitting it to be filed, does not amount to amending the petition." Clark v. Ganson, 144 Ga. 544 (2) (87 S. E. 670). However, where, as here, the amendment bears an order of the trial court as follows: "Read and considered: Let the same be filed subject to objections," such order is a sufficient...

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