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PARKER v. BD. OF ED. OF SUMTER COUNTY

17802.

209 Ga. 5 (1952)

70 S.E.2d 369

PARKER v. BOARD OF EDUCATION OF SUMTER COUNTY et al.

Supreme Court of Georgia.

Decided April 14, 1952.

Attorney(s) appearing for the Case

Fort & Fort, for plaintiff in error.

DeLacy Allen, H. B. Williams and J. Frank Myers, contra.

HAWKINS, Justice.

1. "An action can not be maintained in a name as plaintiff which is neither that of a natural person, a partnership, nor of such artificial person as is recognized by the law as capable of suing. A proceeding commenced in such a name, there being no plaintiff, is not an action, but a mere nullity, and may be dismissed at any time on motion." Western & Atlantic R. Co. v. Dalton Marble Works, 122 Ga. 774 (1) (50 S. E. 978); Verner...

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