Bass & Co. v. Bearden

Court of Appeals of Georgia

Bass & Co. v. Bearden

65 S.E. 692, 6 Ga. App. 696, 1909 Ga. App. LEXIS 429

CourtCourt of Appeals of Georgia

DecidedOctober 5, 1909

Docket1794

StatusPublished

Cited by2 cases

This text of 65 S.E. 692 (Bass & Co. v. Bearden) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bass & Co. v. Bearden, 65 S.E. 692, 6 Ga. App. 696, 1909 Ga. App. LEXIS 429 (Ga. Ct. App. 1909).

Pincite

Opinion

Hill, O. J.

J. 0. Bass & Co. sued W. D. Bearden in a justice’s court, as the maker of a promissory note payable to themselves. The justice, in writing the name of the plaintiff, in the original summons, left off the words “& Co.,” and also left out the same words in entering the ease on his docket, leaving the case pending as one brought by J. C. Bass against W. D. Bearden. A copy of the note sued on was attached to the summons. Held: (1) An amendment adding the words “& Co.” to the original summons and to the entry of the case on the docket was improperly allowed, as this was adding a new party plaintiff. (2) An appeal by J. C. Bass & Co. from the judgment rendered by the justice in the case of J. C. Bass v. W. D. Bearden should have been dismissed, unless the words “& Co.” had been stricken by the appellant. The judgment of the superior court sustaining the certiorari is Affirmed.

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Hill, O. J.

J. 0. Bass & Co. sued W. D. Bearden in a justice’s court, as the maker of a promissory note payable to themselves. The justice, in writing the name of the plaintiff, in the original summons, left off the words “& Co.,” and also left out the same words in entering the ease on his docket, leaving the case pending as one brought by J. C. Bass against W. D. Bearden. A copy of the note sued on was attached to the summons. Held: (1) An amendment adding the words “& Co.” to the original summons and to the entry of the case on the docket was improperly allowed, as this was adding a new party plaintiff. (2) An appeal by J. C. Bass & Co. from the judgment rendered by the justice in the case of J. C. Bass v. W. D. Bearden should have been dismissed, unless the words “& Co.” had been stricken by the appellant. The judgment of the superior court sustaining the certiorari is Affirmed.

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Bluebook (online)

65 S.E. 692, 6 Ga. App. 696, 1909 Ga. App. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-co-v-bearden-gactapp-1909.

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