Board of Trustees v. Smith
Mississippi Supreme Court
Error to the Circuit Court of Lee County. Hou. J. A. Green, Judge. The case is stated in the opinion of the court sufficiently to elucidate the points announced in the decision. 1. We submit that, by the plaintiff below dismissing his petition against the committee, consisting of A. Babbitt aud others, as garnishees, and filing the declaration charging them as a corporation, the court lost jurisdiction of those parties.
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Error to the Circuit Court of Lee County. Hou. J. A. Green, Judge. The case is stated in the opinion of the court sufficiently to elucidate the points announced in the decision. 1. We submit that, by the plaintiff below dismissing his petition against the committee, consisting of A. Babbitt aud others, as garnishees, and filing the declaration charging them as a corporation, the court lost jurisdiction of those parties. A corporation is a distinct entity, as distinguished from the individuals who compose it. Can you sue the president of a corporation in his individual capacity, and recover…
1Opinion of the Court
George, J.,
delivei*ed the opinion of the court.
The second amendment of the declaration was properly allowed. It was necessary to the attainment of justice. It was no objection to it that it changed the character in which the defendants were sued. They were proceeded against in the original declaration as agents, or a committee, or trustees of the Masonic lodge. It was afterwards discovered that they were a corporation, and it was proper to amend in order to charge them in their true character. The end sought in both declarations was to subject the same property to the plaintiff’s demand. ;
It…
2Cases cited2 opinions
- Duff v. SniderMississippi Supreme Court · 1876
- Shoults v. KempMississippi Supreme Court · 1879
3Cited by7 opinions
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Carson City Savings Bank v. Carson City Elevator Co.Michigan Supreme Court · 1892
- Morgan v. Jackson Ready-Mix ConcreteMississippi Supreme Court · 1963
- Perkins Co. v. Shewmake & MurpheySupreme Court of Georgia · 1904
- Bell v. AyersCourt of Appeals of Georgia · 1950
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