Tatum v. Allison, Anderson & Co.
Supreme Court of Georgia
Complaint, in Dade Superior Court. Decision made by Judge Walker, at the May Term, i860. Allison, Anderson & Co. brought an action in the Jones’ form, against Robert H. Tatum, maker, and Emanuel Mann, endorser. The writ of the plaintiffs was signed by “H. L. W. Allison, attorney in fact for Allison, Anderson & Co.,” said H. L. W. Allison being at the time deputy clerk of said Court.
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Complaint, in Dade Superior Court. Decision made by Judge Walker, at the May Term, i860. Allison, Anderson & Co. brought an action in the Jones’ form, against Robert H. Tatum, maker, and Emanuel Mann, endorser. The writ of the plaintiffs was signed by “H. L. W. Allison, attorney in fact for Allison, Anderson & Co.,” said H. L. W. Allison being at the time deputy clerk of said Court. At the appearance term of the case, a motion was made by counsel for the defendants to dismiss said case, on the ground that the writ, or petition, of the plaintiffs was not signed by competent authority. The…
1Opinion of the Court
By the Court. —
Lumpkin, J.,
delivering the opinion.
The writ in this case was signed by an attorney in fact, for the plaintiffs. His power was not disputed. Upon objection being made, the Court allowed the name of the attorney at law to be substituted.
We think the writ was fight as it stood. What act can not be done by an attorney in fact? A deed to land can be executed by another — why may not a declaration be signed, provided authority be given for that purpose? And here, no question is made as to the sufficiency of the power.
But even if this were not so, the amendment was allowable. An…
2Cited by7 opinions
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- Cook v. WalkerSupreme Court of Georgia · 1926
- Currie v. DeaverCourt of Appeals of Georgia · 1907
- Clark v. HarrisonSupreme Court of Georgia · 1936
- Smith v. AndrewsSupreme Court of Georgia · 1883
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