Workingmen's Union Ass'n v. Reynolds
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. April 3, 1909. A complaint was brought in the name of a corporation and certain individuals as members thereof, making substantially the following allegations: The corporation is an order “ charitable and social in its nature and purposes, and was not organized for individual pecuniary profit and gain.” 18 named members of the corporation falsely and fraudulently conspired for the purpose of excluding all…
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Equitable petition. Before Judge Charlton. Chatham superior court. April 3, 1909. A complaint was brought in the name of a corporation and certain individuals as members thereof, making substantially the following allegations: The corporation is an order “ charitable and social in its nature and purposes, and was not organized for individual pecuniary profit and gain.” 18 named members of the corporation falsely and fraudulently conspired for the purpose of excluding all other members thereof, consisting of about 300 in number, from having any voice in the control of the corporation, and for…
1Opinion of the CourtHolden, J.
(After stating the facts.) The petition does not show on its face that the suit in the name of the corporation was unauthorized by those duly empowered by the corporation to institute suit in its behalf. The presumption is that the attorney at law who signed the petition as counsel for the corporation had the authority of the proper officers of the corporation to appear and bring such suit; and this presumption can only be overcome in the manner provided for in the Civil Code, § 4423. Peoples Mutual Fire Ins. Co. v. DeLoach, 113 Ga. 802 (39 S. E. 466); Lester v. McIntosh, 101 Ga. 675 (29 S.…
2Cases cited3 opinions
- Planters & Peoples Mutual Fire Ass'n v. DeLoachSupreme Court of Georgia · 1901
- Lester v. McIntoshSupreme Court of Georgia · 1897
- Dobbins v. DupreeSupreme Court of Georgia · 1867
3Cited by6 opinions
- Tingle v. Arnold, Cate & AllenCourt of Appeals of Georgia · 1973
- Aycock v. WilliamsSupreme Court of Georgia · 1938
- Jackson v. JacksonSupreme Court of Georgia · 1945
- Londeau v. DavisCourt of Appeals of Georgia · 1975
- Workingmen's Union Ass'n v. ReynoldsSupreme Court of Georgia · 1912
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