Lamb v. McElwaney
Supreme Court of Georgia
Action for damages. Before Judge Daniel. Fayette superior court. March 18, 1914. Paul McElwaney instituted an action for damages for the tortious killing of a mule, returnable to the September term, 1913, of the superior court of Fayette county.
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Action for damages. Before Judge Daniel. Fayette superior court. March 18, 1914. Paul McElwaney instituted an action for damages for the tortious killing of a mule, returnable to the September term, 1913, of the superior court of Fayette county. The petition alleged that “the Atlanta, Birmingham and Atlantic Eailway Company, hereinafter called the defendant company, . . is now in the hands of two receivers, to wit, H. M. Atkinson and E. T. Lamb, who are sued.as joint receivers of said line of railwajq and who will hereafter be called the defendants;” and that “said defendants, . . by the…
1Opinion of the CourtAtkinson, J.
1. Though the language of the petition and process is equivocal, properly construed it sufficiently appears that the process refers to the petition and includes the receivers who were sued as parties defendant. So construed the process was valid. Carey v. Hillhouse, 5 Ga. 251; Turpin v. Taylor, 143 Ga. 224 (84 S. E. 547). On its facts the case differs from that of Neal-Millard Co. v. Owens, 115 Ga. 959 (42 S. E. 266).
(а) In order to remove equivocal features and give symmetry to the record, the court properly allowed the amendment. Carey v. Hillhouse, supra.
(б) The service of the petition and…
2Cases cited4 opinions
- Neal-Millard Co. v. OwensSupreme Court of Georgia · 1902
- Cooley v. Tybee Beach Co.Supreme Court of Georgia · 1896
- Carey v. HillhouseSupreme Court of Georgia · 1848
- Turpin v. TaylorSupreme Court of Georgia · 1915
3Cited by3 opinions
- James River National Bank v. HaasNorth Dakota Supreme Court · 1944
- Jones v. FunstonCourt of Appeals of Georgia · 1920
- Jones v. FunstonCourt of Appeals of Georgia · 1919