Parker v. Bd. of Ed. of Sumter County

Hawkins, Justice.

1. “An action can not be maintained in a name as plaintiff which is neither that of a natural person, a partnership, nor of such artificial person as is recognized by the law as capable of suing. A proceeding commenced in such a name, there being no plaintiff, is not an action, but a mere nullity, and may be dismissed at any time on motion.” Western & Atlantic R. Co. v. Dalton Marble Works, 122 Ga. 774 (1) (50 S. E. 978); Verner v. Board of Education of Haralson County, 203 Ga. 521 (1) (47 S. E. 2d, 500).

2. While, under article 8, section 11, paragraph 2, of the Constitution…