JACOBSON v. SOUTHERN BISCUIT COMPANY


97 S.E.2d 1 (1957)

198 Va. 813

Milton W. JACOBSON et al., etc. v. SOUTHERN BISCUIT COMPANY, Inc., et al., etc.

Supreme Court of Appeals of Virginia.

March 11, 1957.


Attorney(s) appearing for the Case

Emanuel Emroch, Richmond, for plaintiffs in error.

Frederick T. Gray, Richmond (George R. Humrickhouse; Williams, Mullen, Pollard & Rogers, Richmond on brief), for defendants in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, WHITTLE and SNEAD, JJ.


BUCHANAN, Justice.

The appellants complain of an order of the trial court which dismissed their suit on the ground that they had sued a nonexisting corporation and were not entitled to amend by substituting another corporation as the defendant.

The action was by a motion for judgment against "Southern Biscuit Company, Incorporated, a Virginia corporation, Terminal Place, Richmond, Virginia." It asserted the plaintiffs' right to have judgment for $3,447.90...

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