10 Ga. App. 650 | Ga. Ct. App. | 1912
During the March term of the city court of Miller county, a suit upon an open account, sounding, “The Phillips-Boyd Publishing Company v. L. L. Musgrove,” was called for trial. Over objection of the defendant the plaintiff was allowed to amend its petition, by striking the name of the Phillips-Boyd Publishing Company as plaintiff and substituting in lieu thereof the name of D. E. Luther Publishing Company, suing for the use of the Phillips-Boyd Publishing Company. Exceptions pendente lite were duly filed to the order of the court allowing this amendment, and error has been assigned in this court upon these exceptions. It appears that the Luther Publishing Company had been adjudicated a bankrupt, and that its assets, including the account sued on, had been, sold to the Phillips-Boyd Publishing Company.
1. Under the provisions of the Civil Code (1910), § 5689, the plaintiff had the right to amend its petition by substituting the name of the D. E. Luther Publishing Company, suing for the plaintiff’s use. It was argued in the brief of counsel for both sides, and the record transmitted to this court shows, that the case was originally filed in the name of the D. E. Luther Publishing Company, as plaintiff; that at a previous term of the court, over objection of defendant’s counsel, the plaintiff was allowed to amend by striking the name of this plaintiff and substituting that of the Phillips-Boyd Publishing Company, in its stead; and that exceptions pendente
2. The evidence demanded the verdict rendered, and there was no error in overruling the motion for a new trial.
Judgment affirmed.