Ace Waterproofing Company v. Tremco Manufacturing Company, Inc.

Court of Appeals of Georgia

Ace Waterproofing Company v. Tremco Manufacturing Company, Inc.

156 S.E.2d 398, 116 Ga. App. 226, 1967 Ga. App. LEXIS 754

Court of Appeals of Georgia·Decided June 20, 1967·No. 42751·Published·Cited by 3 cases

Opinion

Deen, Judge.

“The principal place of business of a corporation as fixed by its charter is its legal residence and the only place it can be sued in the absence of the application of special statutory provisions. Hutcheson Mfg. Co. v. Chandler, 29 Ga. App. 726, 728 (116 SE 849); Southern Lumber Co. v. Ramsey-Wheeler Co., 38 Ga. App. 481 (144 SE 349).” Singuefield v. General Oglethorpe Hotel Co., 113 Ga. App. 326 (148 SE2d 92). The corporate charter of the defendant Ace Waterproofing Co., Inc. designates its principal office and place of doing business to be in Fulton County, Ga. It is therefore irrelevant for the purposes of this suit that the physical office of the corporation was *227 moved, presumably by its officers, to Clayton County prior to the filing of the action. The plea to the jurisdiction was properly overruled.

Submitted May 4, 1967 Decided June 20, 1967 Rehearing denied July 26, 1967. J. B. Wilson, for appellant. Lipshutz, Macey, Zusmann- & Sikes, J. Timothy White, Larry S. Bryant, for appellees.

Judgment affirmed.

Jordan, P. J., and Quillian, J., concur.

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Deen, Judge.

“The principal place of business of a corporation as fixed by its charter is its legal residence and the only place it can be sued in the absence of the application of special statutory provisions. Hutcheson Mfg. Co. v. Chandler, 29 Ga. App. 726, 728 (116 SE 849); Southern Lumber Co. v. Ramsey-Wheeler Co., 38 Ga. App. 481 (144 SE 349).” Singuefield v. General Oglethorpe Hotel Co., 113 Ga. App. 326 (148 SE2d 92). The corporate charter of the defendant Ace Waterproofing Co., Inc. designates its principal office and place of doing business to be in Fulton County, Ga. It is therefore irrelevant for the purposes of this suit that the physical office of the corporation was *227 moved, presumably by its officers, to Clayton County prior to the filing of the action. The plea to the jurisdiction was properly overruled.

Submitted May 4, 1967 Decided June 20, 1967 Rehearing denied July 26, 1967. J. B. Wilson, for appellant. Lipshutz, Macey, Zusmann- & Sikes, J. Timothy White, Larry S. Bryant, for appellees.

Judgment affirmed.

Jordan, P. J., and Quillian, J., concur.

Ace Waterproofing Company v. Tremco Manufacturing Company, Inc., 156 S.E.2d 398, 116 Ga. App. 226, 1967 Ga. App. LEXIS 754 (Ga. Ct. App. 1967).

Pincite

156 S.E.2d 398 (Ace Waterproofing Company v. Tremco Manufacturing Company, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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