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Legal Opinion

Perkins Co. v. Shewmake & Murphey

Supreme Court of Georgia

Decided March 3, 1904PublishedCited by 13 opinions

Attachment. Before Judge Reid. City court of Atlanta. January 9, 1903.

1Opinion of the CourtCobb, J.

1. A suit against the “ C. H. Perkins Company ” is not void, these words importing a corporation. Mattox v. State, 115 Ga. 212, 219; Adas Yeshurun Society v. Fish, 117 Ga. 345; Holcombe v. Cable Co., 119 Ga. 466.

2. A petition in such a suit may be amended by alleging that the company is a partnership composed of named individuals. Smith v. Columbia Jewelry Co., 114 Ga. 691.

3. A petition in a suit against the “ C. H. Perkins Company, a corporation,” is amendable by striking the words “ a corporation,” and making an allegation that the company is a partnership composed of named individuals. See…

2Cases cited5 opinions

  1. Mattox v. StateSupreme Court of Georgia · 1902
  2. Holcomb v. Cable Co.Supreme Court of Georgia · 1904
  3. Smith v. PeacockSupreme Court of Georgia · 1902
  4. Board of Trustees v. SmithMississippi Supreme Court · 1880
  5. Adas Yeshurun Society v. FishSupreme Court of Georgia · 1903

3Cited by13 opinions

  1. Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
  2. Georgia Co-Operative Fire Ass'n v. Borchardt & Co.Supreme Court of Georgia · 1905
  3. Parker v. KilgoCourt of Appeals of Georgia · 1964
  4. Neuhoff v. Swift & Co.Court of Appeals of Georgia · 1936
  5. Blue Ridge Electric Membership Corp. v. Grannis Bros.Supreme Court of North Carolina · 1950

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