McEachern & Co. v. Edmondson

Supreme Court of Georgia

McEachern & Co. v. Edmondson

49 S.E. 798, 122 Ga. 80, 1905 Ga. LEXIS 118

CourtSupreme Court of Georgia

DecidedFebruary 1, 1905

StatusPublished

Cited by4 cases

This text of 49 S.E. 798 (McEachern & Co. v. Edmondson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McEachern & Co. v. Edmondson, 49 S.E. 798, 122 Ga. 80, 1905 Ga. LEXIS 118 (Ga. 1905).

Pincite

Opinion

Lamar, J.

1. The rule in actions ex contractu, by which the name of the original plaintiff may be stricken and the cause allowed to proceed in the name of the usee if the latter has a legal right to maintain the suit (Wilson v. Church, 56 Ga. 554), does not apply to actions ex delicto. Willis v. Burch, 116 Ga. 375.

2. This being an action in tort by M. & Co. for the use of E. & M., and there being no proof that the original plaintiffs had been damaged, the court properly granted a nonsuit.

3. There was no error in refusing to permit an amendment striking the name of M. & Co., and substituting the name of E. & M. as plaintiffs.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI