Cousby v. JT BICKERS REALTY COMPANY

Court of Appeals of Georgia

Cousby v. JT BICKERS REALTY COMPANY

228 S.E.2d 214, 139 Ga. App. 250, 1976 Ga. App. LEXIS 1759

CourtCourt of Appeals of Georgia

DecidedJuly 8, 1976

Docket52264

StatusPublished

Cited by4 cases

This text of 228 S.E.2d 214 (Cousby v. JT BICKERS REALTY COMPANY) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cousby v. JT BICKERS REALTY COMPANY, 228 S.E.2d 214, 139 Ga. App. 250, 1976 Ga. App. LEXIS 1759 (Ga. Ct. App. 1976).

Pincite

Opinion

Stolz, Judge.

This appeal is from a bench-trial verdict in favor of defendant J. T. Bickers Realty Co. because of improper service on the defendant corporation. At the time, Bickers had no agent for service registered in this state. However, the defendant’s place of business was located in Fulton County, and Mr. Bickers, the president of the corporation, worked at that office. The sheriff, finding no registered agent, left the summons with a Mrs. Williams. The trial court found that Mrs. Williams, although not a titled agent or officer of the company, was the most senior employee, that her duties were those of an office manager and as such included signing checks, typing dispossessory warrants, answering garnishments, and assisting in training new employees. Additionally, the court found that Mrs. Williams regularly accepted service of process for J. T. Bickers Realty Co. as standard office procedure.

The trial judge, after finding these facts, concluded *251 that service had to be made upon an officer, secretary, cashier, managing or other agent of the corporation, and that Mrs. Williams was not such an agent. Further, since there was such an agent in the county, viz. Mr. Bickers, service could not be effected by leaving the summons with Mrs. Williams at the office of J. T. Bickers Realty Co. Held:

Argued June 7, 1976 Decided July 8, 1976. Robert E. Stagg, for appellant. W. M. Mathews, Jr., for appellee.

The trial court’s finding that the standard office practice was for Mrs. Williams or any other employee sitting at the front desk to accept a summons and put it aside for Mr. Bickers, was tantamount to finding that Mr. Bickers, the president of the corporation, had designated the person sitting at the front desk as his agent for service of process. See Cleveland Lumber Co. v. Delta Equities, 232 Ga. 883 (209 SE2d 212). Thus, the corporation cannot escape liability by asserting that service according to a procedure set up by its president for his benefit is ineffective when service directly on the president would be otherwise sufficient. It was error for the trial court to enter a judgment in favor of J. T. Bickers Realty Co., vacating a prior default judgment for the appellant. Accordingly, this judgment is reversed with direction that the original default judgment be reinstated upon entry of the remittitur in this case.

Judgment reversed with direction.

Bell, C. J., and Clark, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Stolz, Judge.

This appeal is from a bench-trial verdict in favor of defendant J. T. Bickers Realty Co. because of improper service on the defendant corporation. At the time, Bickers had no agent for service registered in this state. However, the defendant’s place of business was located in Fulton County, and Mr. Bickers, the president of the corporation, worked at that office. The sheriff, finding no registered agent, left the summons with a Mrs. Williams. The trial court found that Mrs. Williams, although not a titled agent or officer of the company, was the most senior employee, that her duties were those of an office manager and as such included signing checks, typing dispossessory warrants, answering garnishments, and assisting in training new employees. Additionally, the court found that Mrs. Williams regularly accepted service of process for J. T. Bickers Realty Co. as standard office procedure.

The trial judge, after finding these facts, concluded *251 that service had to be made upon an officer, secretary, cashier, managing or other agent of the corporation, and that Mrs. Williams was not such an agent. Further, since there was such an agent in the county, viz. Mr. Bickers, service could not be effected by leaving the summons with Mrs. Williams at the office of J. T. Bickers Realty Co. Held:

Argued June 7, 1976 Decided July 8, 1976. Robert E. Stagg, for appellant. W. M. Mathews, Jr., for appellee.

The trial court’s finding that the standard office practice was for Mrs. Williams or any other employee sitting at the front desk to accept a summons and put it aside for Mr. Bickers, was tantamount to finding that Mr. Bickers, the president of the corporation, had designated the person sitting at the front desk as his agent for service of process. See Cleveland Lumber Co. v. Delta Equities, 232 Ga. 883 (209 SE2d 212). Thus, the corporation cannot escape liability by asserting that service according to a procedure set up by its president for his benefit is ineffective when service directly on the president would be otherwise sufficient. It was error for the trial court to enter a judgment in favor of J. T. Bickers Realty Co., vacating a prior default judgment for the appellant. Accordingly, this judgment is reversed with direction that the original default judgment be reinstated upon entry of the remittitur in this case.

Judgment reversed with direction.

Bell, C. J., and Clark, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

228 S.E.2d 214, 139 Ga. App. 250, 1976 Ga. App. LEXIS 1759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cousby-v-jt-bickers-realty-company-gactapp-1976.

Opinion

Related

Cite This Page — Counsel Stack