Legal Opinion

State ex rel. Waring v. Georgia Medical Society

Supreme Court of Georgia

Decided June 15, 1869PublishedCited by 32 opinions

Mandamus. Decided by Judge Schley. Chatham Superior Court. January Term, 1869. James J. Waring filed in the Superior Court of Chatham -county/his petition for a writ of mandamus, with certain exhibits and affidavits, averring the following facts: * * * * * By an Act of the General Assembly of the State of Georgia, assented to December 12th, 1804, “The Georgia Medical Society” was duly incorporated for the purposes in said act mentioned, and with the powers and -privileges…

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Mandamus. Decided by Judge Schley. Chatham Superior Court. January Term, 1869. James J. Waring filed in the Superior Court of Chatham -county/his petition for a writ of mandamus, with certain exhibits and affidavits, averring the following facts: * * * * * By an Act of the General Assembly of the State of Georgia, assented to December 12th, 1804, “The Georgia Medical Society” was duly incorporated for the purposes in said act mentioned, and with the powers and -privileges therein specified. The principal place of business of said corporation is in the said county. On the twenty-ninth day-of…

1Opinion of the CourtBrown, C. J.

1. It was insisted, in this ease, that the Georgia Medical Society was in existence long before it was incorporated, and that its objects were in no way changed by its application for and acceptance of its present charter from the State. This may be very true, but its legal responsibilities were changed by the acceptance of the charter. While it remained a vol*626untary society, the courts had no jurisdiction over it, if it violated no law of the State, and its members had no property in their membership which the law could protect.- But its acceptance of the charter subjected it to the…

2Cases cited5 opinions

  1. Mayor of Savannah v. State ex rel. GreenSupreme Court of Georgia · 1848
  2. Fuller v. Trustees of the Academic School in PlainfieldSupreme Court of Connecticut · 1827
  3. Commonwealth v. Mayor of LancasterSupreme Court of Pennsylvania · 1836
  4. State ex rel. Habersham v. Savannah & Ogechek Canal Co.Supreme Court of Georgia · 1859
  5. Napier v. PoeSupreme Court of Georgia · 1852

3Cited by32 opinions

  1. Falcone v. Middlesex County Medical SocietySupreme Court of New Jersey · 1961
  2. Nance v. BusbyTennessee Supreme Court · 1892
  3. Union Steam Pump Sales Co. v. Secretary of StateMichigan Supreme Court · 1921
  4. Higgins v. American Society of Clinical PathologistsSupreme Court of New Jersey · 1968
  5. Medical & Surgical Society of Montgomery County v. WeatherlySupreme Court of Alabama · 1883

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