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PEACOCK CONSTR. CO. v. TURNER CONCRETE, INC.

43041.

116 Ga. App. 822 (1967)

159 S.E.2d 114

PEACOCK CONSTRUCTION COMPANY et al. v. TURNER CONCRETE, INC.

Court of Appeals of Georgia.

Decided November 3, 1967.

Rehearing Denied December 11, 1967.

Attorney(s) appearing for the Case

Shoob, McLain & Jessee, C. James Jessee, Jr., Gross, Stowe & Shepherd, Millard B. Shepherd, Jr., for appellants.

Grant & Matthews, Carlton G. Matthews, McClure, Ramsey & Struble, Robert B. Struble, for appellee.

QUILLIAN, Judge.

1. The first ruling enumerated as error is that the judge, over objection of Peacock, the sole defendant originally named in the suit, and New Amsterdam, allowed an amendment to the petition which: (1) joined New Amsterdam as a new party defendant; (2) added a new cause of action which was a suit on a surety bond executed by Peacock as principal and New Amsterdam as surety. The ruling was contrary to law. Code § 81-1303 (of force when...

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