Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

SCOTT v. SAVANNAH VALLEY BROADCASTING CO. et al.

DUCKWORTH, Chief Justice.

Where, as here, the petitioner brought an equitable petition against the defendant corporation and certain named defendants as directors of the corporation, alleging that he is a stockholder, that the corporation was chartered "for the purpose of conducting a general radio broadcasting business and related matter," and that certain acts of the directors in acquiring and maintaining an interest in a baseball team of the South Atlantic League were ultra vires — the petition failing to show wherein the alleged acts were without the charter powers — the petition was subject to demurrer, as the allegation that said acts were ultra vires, without more, was a mere conclusion of the pleader since it does not show on its face such acts to be ultra vires; and the court did not err in sustaining the demurrer thereto and in dismissing the petition, since no cause of action is shown against the defendants. Code, § 81-304; Bartow Lumber Co. v. Enwright, 131 Ga. 329 ( 62 S.E. 233); Bush v. Bonner, 156 Ga. 143 ( 118 S.E. 658); Butler v. City of Dublin, 191 Ga. 551, 555 (4) ( 13 S.E.2d 362); Fowler v. Southern Airlines, 192 Ga. 845 ( 16 S.E.2d 897).

Judgment affirmed. All the Justices concur.

No. 17960. ARGUED SEPTEMBER 8, 1952 — DECIDED OCTOBER 14, 1952.
Use AI to get other relevant cases.

Comments

SCOTT v. SAVANNAH VALLEY BROADCASTING CO
(Oct 14, 1952)