Youmans v. Riley Properties

Banke, Chief Judge.

This appeal is by the defendant in a dispossessory action from the denial of his motion for new trial: The sole enumeration of error is that the trial court was required to grant the motion because the named plaintiff did not purport to be a legal entity. Held:

“Where a party desires to raise an issue as to the capacity or authority of a party to bring an action, he must do so by specific negative averment in his responsive pleadings . . . Otherwise, such defense[ ] [is] deemed waived.” Klorer-Willhardt, Inc. v. Martz, 166 Ga. App. 446, 447 (304 SE2d 442) (1983). See also…