Legal Opinion
Corporation of Mercer University v. Smith
Supreme Court of Georgia
Decided September 22, 1988No. 45765, 45766, 45767, 45768PublishedCited by 4 opinions
1Opinion of the Court
Hunt, Justice.
This is an appeal from the trial court’s order setting aside the merger between Tift College and Mercer University.
The central issue before us is whether Tift is a charitable trust or a nonprofit corporation. The Corporations of Mercer University and Tift College contend the trial court erred by holding that Tift is a charitable trust. The defendants argue that Tift College was a nonprofit corporation within the meaning of the Georgia Nonprofit Corporation Code. OCGA §§ 14-3-3 (b)(4); 14-5-40. As such, they contend Tift had all the powers of nonprofit corporations, including the…
2Cases cited5 opinions
- Duffee v. JonesSupreme Court of Georgia · 1952
- Trammell v. ElliottSupreme Court of Georgia · 1973
- Moore v. WellsSupreme Court of Georgia · 1956
- Miller v. AlderholdSupreme Court of Georgia · 1971
- Trustees of Martin Institute v. MaddoxSupreme Court of Georgia · 1913
3Cited by4 opinions
- Morrell v. Wellstar Health System, Inc.Court of Appeals of Georgia · 2006
- Warren v. Board of Regents of the University SystemSupreme Court of Georgia · 2000
- P.S. Tishok v. Department of EducationCommonwealth Court of Pennsylvania · 2016
- Jarboe v. Lebanon Valley College, Pennsylvania Court of Common Pleas, Lebanon County2003