Wheeler v. Stapleton
Supreme Court of Georgia
d-ertiorari. Before Judge Eish. Sumter superior court. November term, 1895. Mrs. Wheeler was sued on an account in th© county court by Mrs. Georg© Stapleton. Defendant demurred to the petition, on the ground that no cause of action or bill of particulars was attached.
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d-ertiorari. Before Judge Eish. Sumter superior court. November term, 1895. Mrs. Wheeler was sued on an account in th© county court by Mrs. Georg© Stapleton. Defendant demurred to the petition, on the ground that no cause of action or bill of particulars was attached. Plaintiff amended by attaching an account made out in the name of Mrs. Wheeler with Georg© Stapleton; and by prefixing to the plaintiff’s name, wherever it occurred in the petition, “George Stapleton, who sues for the use of.” To this amendment defendant objected on the ground, that the suit being on account it should have been…
1Opinion of the Court
Atkinson, Justice.
The facts are stated in the official report.
The court committed no error in overruling the certiorari. It does not appear from the evidence that Mrs. Stapleton, by a legal assignment of the account sued upon, was ever invested with the legal title thereto. Therefore, it was competent, if she saw proper to do so, to amend the suit by adding her husband as the plaintiff suing for her use. The account appears to have been contracted in the first instance by the defendant with George Stapleton. The amendment allowed was equivalent to- an allegation that George Stapleton held the…
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