Taliaferro v. Cowart & Son Inc.
Court of Appeals of Georgia
1Opinion of the CourtSutton, J.
1. “All affidavits for the foreclosure of liens, including mortgages, and all affidavits that are the foundation of legal proceedings, and all counter affidavits shall be amendable to the same extent as ordinary-declarations.” Civil Code (1910), § 5706. Where in an affidavit to foreclose a mortgage on crops the name of the plaintiff does not itself import a corporation and there is no allegation as to its corporate entity, it is not erroneous for the trial court to allow the plaintiff to amend the same by inserting the word '“Incorporated” after its name therein, and to refuse to dismiss the…
2Cases cited12 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- First National Bank v. MonroeSupreme Court of Georgia · 1911
- Savannah Ice Co. v. Canal-Louisiana Bank & Trust Co.Court of Appeals of Georgia · 1913
- Bomar v. Equitable Mortgage Co.Supreme Court of Georgia · 1900
- Houser v. Farmers' Supply Co.Court of Appeals of Georgia · 1909
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3Cited by4 opinions
- Walker v. Small Equipment Co.Court of Appeals of Georgia · 1966
- Love v. Commercial Credit Co.Court of Appeals of Georgia · 1940
- Love v. Commercial Credit Co. Inc.Court of Appeals of Georgia · 1940
- Piedmont Feed & Grocery Co. v. Georgia Feed & Grocery Co.Court of Appeals of Georgia · 1936