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98 Ga. App. 420

Stepp v. Hindmon

Court of Appeals of Georgia

Decided October 21, 1958

Court of Appeals of Georgia · decided 1958-10-21

Cited by 1 later decisions — most recently July 1967

1 state decisions

Relies on Smith v. Commissioners of Roads & Revenue · Haynes v. Armour Fertilizer Works · Auld v. Schmelz

Good law ✅— No negative treatment on recordhow we know

Decided 1958-10-21

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Felton, Chief Judge.

¶1Where on the front of the process the plaintiff is designated “Columbia Sewing Machine Company” and in the body of the process the plaintiff is designated “Columbia Sewing Center”, the plaintiffs may amend to show that the designation “Columbia Sewing Center” was a typograph*421ical mistake and a misnomer and show that actually the plaintiffs were “C. Stepp and W. Stepp d/b/a, Columbia Sewing Machine Company”. Code § 81-1206. Where a name does not purport a legal entity but it is in fact a trade name of individuals, such defect could have been cured by an amendment (Haynes v. Armour Fertilizer Works, 146 Ga. 832, 834, 92 S. E. 648; Smith v. Commissioners of Roads & Revenue of Glynn County, 198 Ga. 322, 324, 31 S. E. 2d 648), and the defect was actually cured in this case by judgment. Haynes v. Armour Fertilizer Works, supra; Auld v. Schmelz, 199 Ga. 633 (2) (34 S. E. 2d 860).

Decided October 21, 1958.Marvin P. Nodvin, for plaintiffs in error.E. T. Hendon, Jr., contra.

¶2The Civil Court of DeKalb' County erred in vacating and setting . aside the judgment and, therefore, the Superior Court of DeKalb County erred in dismissing the certiorari.

¶3Judgment reversed.

Quillian and Nichols, JJ., concur.
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