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CARMICHAEL v. GONZALEZ

41242.

111 Ga. App. 693 (1965)

143 S.E.2d 190

CARMICHAEL v. GONZALEZ.

Court of Appeals of Georgia.

Decided April 28, 1965.

Rehearing Denied May 17, 1965.

Attorney(s) appearing for the Case

Levy & Stonecypher, Jean Wm. Levy, for plaintiff in error.

Greene, Neely, Buckley & DeRieux, James H. Moore, contra.

NICHOLS, Presiding Judge.

1. The defendant contends that the trial court erred in allowing time to amend when it sustained the motion to dismiss count 1 of the petition upon the ground that the petition failed to contain enough to amend by. Code § 81-1302 provides: "A petition showing a plaintiff and a defendant, and setting out sufficient to indicate and specify some particular fact or transaction as a cause of action, shall be enough to amend by. The...

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