18 Ga. App. 533 | Ga. Ct. App. | 1916
1. “All affidavits for the foreclosure of liens, including mortgages, and all affidavits that are the foundation of legal proceedings, and all counter-affidavits shall be amendable to the same extent as ordinary declarations, and with only the restrictions, limitations, and consequences now obtaining in the ease of ordinary declarations and pleas.” Civil Code, § 5706.
(a) "If the suit is brought in a name which is neither that of a natural person, a corporation, nor a partnership, it is a mere nullity. . . . A corporation may bring suit in its own name, and, if it fails fully to describe its legal entity, may amend by alleging that it is a corporation.” Western & Atlantic R. Co. v. Dalton Marble Works, 122 Ga.
2. The affidavit of illegality sought to vary the terms of a valid written instrument, by adding thereto another and different consideration, to wit, the extension of certain additional credit to the maker of the mortgage. The court therefore did not err in striking it.
3. The court did not err in admitting in evidence the articles of incorporation showing the corporate entity of the plaintiff, the same being properly authenticated.
4. There is no merit in any of the assignments of error.
Judgment affirmed,.