Legal Opinion
Mauldin v. Stogner
Court of Appeals of Georgia
Decided September 13, 1947No. 31662PublishedCited by 11 opinions
1Opinion of the CourtFelton, J.
1. In every suit in this State there must be a legal entity as the real plaintiff and the real defendant, either a natural person, an artificial person, such as a corporation, or a quasi-artificial person, such as a partnership.
2. Where the name of the defendant in which the suit is brought does not import a legal entity, but in fact it is a corporation or a partnership, such defect may be cured by an amendment alleging the legal status. Haynes v. Armour Fertilizer Works, 146 Ga. 832 (92 S. E. 648) ; Smith v. Commissioners of Glynn County, 198 Ga. 322 (31 S. E. 2d, 648) ; ■ Western & Atlantic…
2Cases cited6 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Hudgins Contracting Co. v. RedmondSupreme Court of Georgia · 1934
- Haynes v. Armour Fertilizer WorksSupreme Court of Georgia · 1917
- Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
- Schnore v. JoynerCourt of Appeals of Georgia · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- John L. Hutcheson Memorial Tri-County Hospital v. OliverCourt of Appeals of Georgia · 1969
- Parker v. KilgoCourt of Appeals of Georgia · 1964
- Hartley v. Jerry's Radio & Electric ShopSouth Dakota Supreme Court · 1951
- Winters v. LewisSupreme Court of Arkansas · 1976
- Martin v. WaltmanCourt of Appeals of Georgia · 1950
6 more not listed; retrieve them via the Exa API.