Johnson v. Central R.R.

• Decision Date: 11 November 1884
• Citation: 74 Ga. 397
• Parties: JOHNSON v. CENTRAL RAILROAD.
• Court: Georgia Supreme Court

74 Ga. 397

JOHNSON v. CENTRAL RAILROAD.

Supreme Court of Georgia.

November 11, 1884

September Term, 1884.

Where suit was brought against " the Central Railroad and Banking Company," and a motion was made to dismiss the case on the ground that there was no such corporation, an amendment, adding the words, " of Georgia," to the name of the defendant, should have been allowed. 14 Ga. 277.

( a. ) The act of 1850, which declared that all misnomers in writs, petitions, bills or other judicial proceedings on the civil side of the court might be amended and corrected on motion instanter, was not limited or restricted by the insertion of the words, " whether in the christian or surname," in §3483 of the Code. The term, " christian name," is used in the sense of given name, and includes the name given to a corporation by the legislature.

BLANDFORD, Justice.