Legal Opinion

Persons-Phillips-Oxford Co. v. Morris Fertilizer Co.

Court of Appeals of Georgia

Decided May 11, 1917No. 8159Published

Complaint; from Jasper superior court—Judge Park. June 10, 1916.

1Opinion of the CourtBroyles, P. J.

1. When a corporation is a party to a cause the general manager of the corporation is not such a party within the meaning of section 5717 of the Civil Code of 1910, which provides when the absence of a party to an action shall be cause for a continuance. This is true although the general manager may be the agent of the corporation who had entire charge of all matters pertaining to the suit, and no other agent of the corporation knew any of the facts connected therer with. If the presence of such an agent is necessary to the corporation on the trial of the ease, he should be subpoenaed as a…

2Cases cited1 opinion

  1. Simons v. MathisCourt of Appeals of Georgia · 1916

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