Board of Road & Revenue Commissioners v. Collins

1. In every suit there must be a legal entity as the real plaintiff, either a natural or artificial person, or a quasi-artificial person, such as a partnership; and where a suit is brought in a name which is neither, it is a nullity, and there is nothing to amend by. The designation of a party plaintiff as “Board of Road and Revenue Commissioners of Candler County, Georgia” falls within the above ruling. Smith v. Commissioners of Roads and Revenue of Glynn County, 198 Ga. 322 (1) (31 S. E. 2d 648).

2. “A party plaintiff in error is essential to the prosecution of a writ of error, and where no…