Williamson v. Gentry, 162 S.E. 395 (Ga. Ct. App. 1932). · Go Syfert
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Williamson v. Gentry, 162 S.E. 395 (Ga. Ct. App. 1932). Cases Citing This Book View Copy Cite
20 citation events across 5 distinct courts.
Strongest positive: Cooler v. Metro. Life Ins., 3 S.E.2d 462 (Ga. Ct. App. 1939)
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1932 1979 2026
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44 Ga. App. at 599 cited at this page1 citing case
44 Ga. App. at 602 cited at this page1 citing case
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Williamson
v.
Gentry
21307.
Court of Appeals of Georgia.
Jan 18, 1932.
Published opinion
162 S.E. 395
1932 Ga. App. LEXIS 411
J. R. Milner, for plaintiff in error., W. 8. Mann, G. W. Atwill, contra.
Stephens.
Cited by 5 opinions  |  Published
Stephens, J.

1. A person doing business under a trade name may bring suit in that name as his trade name. This is true although the trade name may be that of a corporation in which the person doing business in that name owns all the capital stock.

2. A motion for a continuance on the ground of surprise, made upon the allowance of an amendment to the petition, is defective where it is not at the time expressly represented, to the court that such surprise is “not claimed for the purpose of delay.” Civil Code (1910), § 5714; Hoffman v. Franklin Motor-Car Co., 32 Ga. App. 229 (2) (122 S. E. 896); Atlantic & Birmingham Railroad Co. v. Douglas, 119 Ga. 658 (46 S. E. 867).

3. The evidence showed conclusively and without dispute that the alleged indebtedness of the defendant was due to the plaintiff named in the petition, and the court did not err in directing a verdict for the plaintiff.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.