Dixie Queen Produce Co. v. Brown
Dixie Queen Produce Co. v. Brown
Opinion of the Court
1. A suit brought in the name Dixie Queen Produce Co. is not subject to general demurrer on the ground that the name does not import a legal entity, because the petition alleges that Dixie Queen Produce Co. is not a corporation. A complete review of the cases on the subject is found in Johnson & Johnson Constr. Co. v. Pioneer Neon Supply Co., 96 Ga. App. 867 (101 S. E. 2d 918) and Mortemoth Co. v. Southeastern Fur Co., 98 Ga. App. 637 (106 S. E. 2d 194). It may be added that under Code Ch. 106-3 the appellation “company,” may be used by an individual, and is as appropriate to unincorporated associations as to corporations. That an individual may use the word “company” as a part of his trade name is recognized by our Supreme Court in Stewart v. Darby Banking Co., 183 Ga. 888 (190 S. E. 28). None, of the cases compiled in the defendant in error’s very splendid brief require contrary holdings to that here pronounced.
2. The statement contained in Martin v. Bartow Iron Works, 35 Ga. 320, 323, “A general demurrer enables the party to assail every substantial imperfection in the, pleadings of the opposite side without particularizing any of them in his demurrer; but if he thinks proper to point out the faults, this does not vitiate it,” was not intended as a holding that a petition could be attacked by general demurrer, because of
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.