Charles v. Valdosta Foundry & Machine Co.
Court of Appeals of Georgia
Trover, from city court of Sylvester — Judge Park. January 27, 1908. The Valdosta Foundry and Machine Company brought an -action of trover against J. B. Charles.
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Trover, from city court of Sylvester — Judge Park. January 27, 1908. The Valdosta Foundry and Machine Company brought an -action of trover against J. B. Charles. The petition contains the usual allegations as to title in the plaintiff, possession by the defendant, value, and demand and refusal, and gives the following description of the property: “One 6x13 Fay Company inside moulder, one dry kiln, one Goodie & Waters resaw, one Smith comb, rip and cut saw, one board conveyor, one haul up rig and cars, one sawdust rig and chain, one iron car, two 30 lb. frog and switches, one lath binder, one…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1, 2. The words “Yaldosta Foundry and Machine Company” import a corporation, and the court properly overruled the special demurrer based on the ground that there was no party plaintiff. Van Winkle Gin and Machine Works v. Mathews, 2 Ga. App. 249 *736(58 S. E. 396); Georgia Fire Asso. v. Borchardt, 123 Ga. 185 (51 S. E. 429); Holcomb v. Cable Co., 119 Ga. 466 (46 S. E. 671). Tlie amendment of the petition, therefore, setting out the real character of the plaintiff was unnecessary, unless it was denied that the plaintiff was a corporation and this denial was…
2Cases cited9 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- A. S. Thomas Furniture Co. v. T. & C. Furniture Co.Supreme Court of Georgia · 1904
- Georgia Co-Operative Fire Ass'n v. Borchardt & Co.Supreme Court of Georgia · 1905
- Clark Bros. v. WycheSupreme Court of Georgia · 1906
- Holcomb v. Cable Co.Supreme Court of Georgia · 1904
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3Cited by29 opinions
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- Samples v. Georgia Mutual InsuranceCourt of Appeals of Georgia · 1964
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- Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
- Orange County Trust Company v. Estate of Abe TakowskyCourt of Appeals of Georgia · 1969
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