Commissioners v. Aiken Canning Co.
Supreme Court of Georgia
Mandamus. Before Judge Seabrook. McIntosh superior court. May 22, 1905. The Aiken Canning Company brought a petition for mandamus', against “ the Board of Commissioners for the County of McIntosh, and City of Darien,” alleging that the defendant was a corporation having charge and control of the county affairs of McIntosh, county, Georgia.
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Mandamus. Before Judge Seabrook. McIntosh superior court. May 22, 1905. The Aiken Canning Company brought a petition for mandamus', against “ the Board of Commissioners for the County of McIntosh, and City of Darien,” alleging that the defendant was a corporation having charge and control of the county affairs of McIntosh, county, Georgia. In the petition it was alleged that the petitioner, desiring to transplant oysters, in accordance with the provisions of the Political Code, § T694, applied by petition to. the defendant, in the terms of this code section, for its consent and approval of…
1Opinion of the CourtFish, P. J.
(After stating the facts.) 1, 2. The proper method by.which to have raised the question made by the motion to dismiss was by plea in abatement, which has not been abolished in this State. But, irrespective of the method, the objection, came too late. The defendant had appeared and filed its defense to the merits, admitting in its answer that it had been served as the •defendant in the case. All the authorities recognize the dilatory nature of the objection upon the ground of misnomer of the defendant, and the necessity of making it as such. 14 Enc. PI. & Pr. 296. The objection must be taken…
2Cases cited9 opinions
- Chattanooga, Rome & Columbus Railroad v. JacksonSupreme Court of Georgia · 1891
- Board of Commissioners v. HuffmanIndiana Supreme Court · 1892
- Chicago & Alton Railroad v. HeinrichIllinois Supreme Court · 1895
- Gilbert v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- Hammond v. StarrCalifornia Supreme Court · 1889
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3Cited by12 opinions
- Western & Atlantic Railroad v. ReedCourt of Appeals of Georgia · 1925
- Dancer v. ShinglerSupreme Court of Georgia · 1917
- McGowans v. Speed Oil CompanyCourt of Appeals of Georgia · 1956
- State ex rel. Board of Public Education v. JohnsonSupreme Court of Georgia · 1958
- Parramore v. AlexanderSupreme Court of Georgia · 1909
7 more not listed; retrieve them via the Exa API.