Hamilton v. Speck

The question as to who are parties to an action is generally to be determined by inspection of the whole record, including the petition, prayer for process, process, return of the sheriff, etc. Wallace v. Wallace, 142 Ga. 408 (83 S. E. 113); John Holland Pen Co. v. Williams, 7 Ga. App. 173 (66 S. E. 540); Wadley v. Oertel, 140 Ga. 326 (78 S. E. 912); Trust Company of Georgia v. Wallace, 143 Ga. 214 (84 S. E. 538). It is a recognized rule of law in this State that a judgment rendered against one sued as an individual is not conclusive of any right he may have in his representative capacity…