SMITH v. COLE

36743.

96 Ga. App. 300 (1957)

99 S.E.2d 907

SMITH v. COLE et al.

Court of Appeals of Georgia.

Decided September 4, 1957.


Attorney(s) appearing for the Case

A.C. Felton, III, for plaintiff in error.

W. T. Roberts, W. F. Blanks, contra.


CARLISLE, J.

1. Since, under Code § 81-1301, all parties as a matter of right may amend their pleading in all respects prior to judgment, it was error for the trial court to refuse the plaintiff's amendment offering to strike paragraph 17 of her petition which alleged: "The assault on petitioner was wholly unprovoked." The error was not harmful to plaintiff, however, where another paragraph as to which no offer to amend was made also alleged that the assault...

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