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JOHNSON &c. CO. v. PIONEER NEON SUPPLY CO.

36983.

96 Ga. App. 867 (1958)

101 S.E.2d 918

JOHNSON & JOHNSON CONSTRUCTION COMPANY v. PIONEER NEON SUPPLY COMPANY et al.

Court of Appeals of Georgia.

Decided January 20, 1958.

Attorney(s) appearing for the Case

Fullbright & Duffey, Henry J. Fullbright, Jr., for plaintiff in error.

Wright, Rogers, Magruder & Hoyt, Clinton J. Morgan, contra.

TOWNSEND, Judge.

1. "If the suit is brought in a name which is neither that of a natural person, nor a corporation, nor a partnership, it is a mere nullity, and therefore, with no party plaintiff, there is no case in court and consequently nothing to amend by. [Citing Western & Atlantic R. Co. v. Dalton Marble Works, 122 Ga. 774, 50 S. E. 978 and other cases]. Where, however, the name imports a corporation...

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