Dennison Manufacturing Co. v. Wright
Supreme Court of Georgia
Complaint. Before Judge Bell. Fulton superior court. February 5, 1923. Harry F. Christie and the Dennison Manufacturing Company brought suit against “William A. Wright, who is Comptroller-General of the State of Georgia,” and made this case: The Dennison Manufacturing Company, a Massachusetts corporation with an authorized capital of $7,000,000, maintains its principal office and place of business and operates its factory in Framingham, Mass., being engaged principally in…
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Complaint. Before Judge Bell. Fulton superior court. February 5, 1923. Harry F. Christie and the Dennison Manufacturing Company brought suit against “William A. Wright, who is Comptroller-General of the State of Georgia,” and made this case: The Dennison Manufacturing Company, a Massachusetts corporation with an authorized capital of $7,000,000, maintains its principal office and place of business and operates its factory in Framingham, Mass., being engaged principally in the business of manufacturing tags and other specialties and selling articles to dealers in Georgia and throughout the…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. It is urged by the Attorney-General, that this action is against the Comptroller-General of the State in his official capacity, to enforce a liability against the State, and is for this reason, in effect, one against the State, which can not be maintained without its consent. We do not construe this action as one brought against the defendant in his official capacity, but as an action against him individually for an act which, while done in his official capacity, was wholly without lawful authority, and beyond the scope of 'his official power. Hamby v.…
2Cases cited37 opinions
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3Cited by54 opinions
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