McKemie v. Eady-Baker Grocery Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Freeman. Troup superior court. December 30, 1916. The Eady-Baker Grocery Company was incorporated by order of the superior court on May 5, 1897. The application for charter prayed that the applicants and their successors be incorporated “for a term of twenty years, with the privilege of renewal at the expiration of said term.”
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Petition for injunction. Before Judge Freeman. Troup superior court. December 30, 1916. The Eady-Baker Grocery Company was incorporated by order of the superior court on May 5, 1897. The application for charter prayed that the applicants and their successors be incorporated “for a term of twenty years, with the privilege of renewal at the expiration of said term.” The order of incorporation declared that the applicants “and their successors be and they are hereby incorporated for a term of twenty years as a private corporation, with the privilege of renewal at the expiration of said twenty…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The constitution of this State (art. 3, sec. 7, par. 18) declares that the General Assembly shall have no power to grant corporate powers and privileges to private companies, but that it shall prescribe by law the manner in which such powers shall be exercised by the courts. The General Assembly has enacted that the superior courts of this State shall have power to create private corporations in the following manner: The persons desiring a charter shall file, in the office of the clerk of the superior court of the county in which they desire to transact…
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