Wynn v. Richard Allen Lodge No. 14

Supreme Court of Georgia

Wynn v. Richard Allen Lodge No. 14

42 S.E. 29, 115 Ga. 796, 1902 Ga. LEXIS 602

CourtSupreme Court of Georgia

DecidedJune 12, 1902

StatusPublished

Cited by8 cases

This text of 42 S.E. 29 (Wynn v. Richard Allen Lodge No. 14) 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

Wynn v. Richard Allen Lodge No. 14, 42 S.E. 29, 115 Ga. 796, 1902 Ga. LEXIS 602 (Ga. 1902).

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Opinion

Lumpkin, P. J.

1. It is essential to the validity of a summons issuing from a justice’s court for the purpose of instituting an action therein that some persorL should be named as defendant. Accordingly, a summons which names as a defendant “ Richard Allen Lodge No. 14, Knights of Pythias,” is fatally defective, in that it does not disclose that such lodge is either a corporation or a partnership and therefore subject to suit. Barbour v. Albany Lodge, 73 Ga. 474, followed in Thurmond v. Cedar Spring Baptist Church, 110 Ga. 816.

•2. The ruling above announced disposes of the only question made and argued in the present case; and it follows that there was no error in refusing to sanction the petition for certiorari.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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Lumpkin, P. J.

1. It is essential to the validity of a summons issuing from a justice’s court for the purpose of instituting an action therein that some persorL should be named as defendant. Accordingly, a summons which names as a defendant “ Richard Allen Lodge No. 14, Knights of Pythias,” is fatally defective, in that it does not disclose that such lodge is either a corporation or a partnership and therefore subject to suit. Barbour v. Albany Lodge, 73 Ga. 474, followed in Thurmond v. Cedar Spring Baptist Church, 110 Ga. 816.

•2. The ruling above announced disposes of the only question made and argued in the present case; and it follows that there was no error in refusing to sanction the petition for certiorari.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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Bluebook (online)

42 S.E. 29, 115 Ga. 796, 1902 Ga. LEXIS 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wynn-v-richard-allen-lodge-no-14-ga-1902.

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