7 S.E.2d 183 | Ga. | 1940
An action by a county board of education against members of the board of commissioners of roads and revenues having in charge the fiscal affairs of the county, to compel payment of a debt alleged to be owing by the county to the plaintiff, was not maintainable and was properly dismissed.
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,
(a) In Board of Education of Long County v. Board ofEducation of Liberty County,
(b) The question of amendment as dealt with in Haynes v.Armour Fertilizer Works,
2. In the instant case, the Board of Education of Baker County was the sole plaintiff in the trial court. It was not a natural person, a partnership, or an artificial person authorized by law as capable of suing. See Smith v. Board of Education ofWashington County,
3. The rulings announced in the preceding divisions apply to a controlling question, and the judge did not err in dismissing *618 the petition as amended on demurrer interposed by the defendant. It therefore becomes unnecessary to deal with other questions involved, and no ruling is intended or intimated with respect to them.
Judgment affirmed. All the Justices concur.