Doody Co. v. Jeffcoat
Supreme Court of Georgia
Certiorari. Before Judge Littlejohn. Sumter superior court. December, 1905. The W. A. Doody Company brought' suit, in a justice’s court, against Mrs. A. S. Jeffcoat and M. J. Patterson, doing business-under the firm name of Patterson Auction Company, upon an account.
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Certiorari. Before Judge Littlejohn. Sumter superior court. December, 1905. The W. A. Doody Company brought' suit, in a justice’s court, against Mrs. A. S. Jeffcoat and M. J. Patterson, doing business-under the firm name of Patterson Auction Company, upon an account. To this suit Mrs. Jeffcoat filed a plea in abatement, that a former suit had been brought upon the same account, by the plaintiff, against M. J. Patterson, doing business under the name of Patterson Auction Company, which had been dismissed, and the plaintiffs had not paid the costs and had not filed an affidavit of inability,…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The only questions argued in the briefs are those relating to the overruling of the plea in abatement and the striking of the name of the defendant Patterson, thus allowing the suit to proceed against Mrs. Jeff coat alone. The first suit was against Patterson as an individual. It is true that he was described as doing business in the name of the Patterson Auction Company, but it was ■ none the less a suit against Patterson as an individual. The second suit was a suit against a partnership. It is true that this partnership was alleged to have the same name as that…
2Cases cited6 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Lippincott & Co. v. BehreSupreme Court of Georgia · 1905
- Francis v. Dickel & Co.Supreme Court of Georgia · 1881
- White v. Moss & ChildsSupreme Court of Georgia · 1893
- Ford v. ClarkSupreme Court of Georgia · 1885
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3Cited by14 opinions
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- Block v. WoodburyCourt of Appeals of Georgia · 1993
- Bishop v. PinsonCourt of Appeals of Georgia · 1924
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