3864 | Ga. Ct. App. | Apr 2, 1912
The plaintiff sued upon an open account, and prayed process requiring the defendants to appear at the next term of the court, to answer the complaint. The petition was in due form, and was headed “Georgia, Early county,” but was not directed to any court. The clerk of the city court of Blakely attached to the petition a process directed to the defendants, which was personally served on each of them, requiring them to be and appear at the city court of Blakely on the third Monday in October (the return'day of the city court for the suit), to answer the plaintiff’s demand. The defendants filed a motion to dismiss the suit, (1) because the petition was not directed to any court, and (2) because the clerk of the city court of Blakely was without any authority of law to attach to the petition the process requiring-the defendants to be and appear at the city court of Blakely on the third Monday in October, and the city court of Blakely, was
We hold that the court erred in refusing to allow the amendment. The omission to address the petition to the court in which it was filed was manifestly a clerical error. The clerk was authorized to attach a process to the petition, addressed to the named defendants therein. Judgment reversed. Pottle, J., disqualified.