Water Lot Co. v. Bank of Brunswick
Supreme Court of Georgia
Corporations. Judgments. Lost papers. Executions. Before Judge James Johnson. Muscogee Superior Court. November Term, 1873. On June 5th, 1854, the Bank of Brunswick instituted ac* tions of assumpsit against the Water Lot Company of the city of Columbus, one for $> 782 30, besides interest, and the other for $250 00, besides interest, alleged to be due upon certain due bills.
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Corporations. Judgments. Lost papers. Executions. Before Judge James Johnson. Muscogee Superior Court. November Term, 1873. On June 5th, 1854, the Bank of Brunswick instituted ac* tions of assumpsit against the Water Lot Company of the city of Columbus, one for $> 782 30, besides interest, and the other for $250 00, besides interest, alleged to be due upon certain due bills. Judgments were obtained on June 7th, 1855, and executions issued on July 9th, 1855. Byactof February 13th, 1854, the name of the Bank ofBrunswick was changed to that of the Union Bank, “ if the stockholders therein so…
1Opinion of the Court
McCay, Judge.
1. The question made as to the name is not vital. It is not denied that there was a corporation, and that the plaintiff was originally known by that name. The English rule, and the one adopted generally, is, that if the plea be that there is no ' such corporation, that is a plea in bar, but if the objection be merely as to the name, the plea is only a misnomer, and must be pleaded in abatement. The charter, as well.as the change of name, is matter of public law, of which the court will take notice, so that the objection is really only in the nature of a plea in abatement: 1…
2Cited by4 opinions
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- Fulcher v. MandellSupreme Court of Georgia · 1889
- Ward v. MillerSupreme Court of Georgia · 1915
- Corley v. WhiteSupreme Court of Georgia · 1882