SIMPSON v. HAYES

17744.

208 Ga. 754 (1952)

69 S.E.2d 567

SIMPSON v. HAYES.

Supreme Court of Georgia.

Decided February 11, 1952.

Rehearing Denied March 13, 1952.


Attorney(s) appearing for the Case

Pittman, Hodge & Kinney, Alston, Foster, Sibley & Miller, and Wm. B. Spann Jr., for plaintiff.

Mitchell & Mitchell, for defendant.


ATKINSON, Presiding Justice.

(After stating the foregoing facts.) While the precise question presented is the legality of the trial judge's order of January 29, 1951, in striking the plaintiff's third amendment, yet, to determine that question, it becomes necessary to consider the effect of the prior order of the judge issued on June 22, 1950, after the first amendment was filed, the effect of which was to dismiss the petition but allow ten days to reinstate the case...

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