In re Union Club

Supreme Court of Georgia

In re Union Club

82 S.E. 643, 142 Ga. 261, 1914 Ga. LEXIS 674

CourtSupreme Court of Georgia

DecidedAugust 18, 1914

StatusPublished

Cited by4 cases

This text of 82 S.E. 643 (In re Union Club) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Union Club, 82 S.E. 643, 142 Ga. 261, 1914 Ga. LEXIS 674 (Ga. 1914).

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Opinion

Atkinson, J.

The power conferred by the constitution upon the courts to grant charters to corporations is legislative and not judicial in its character, and there is no provision of law authorizing the review by this court, by writ of error or otherwise, of the action of the superior court in granting or refusing to grant corporate powers to private companies. Gas Light Company of Augusta v. West, 78 Ga. 318; Mangham v. Mallory, 128 Ga. 430 (57 S. E. 688); Shreve v. Pendleton, 129 Ga. 374 (58 S. E. 880, 12 Ann. Cas. 563).

(a) Accordingly, where an application is made, under the Civil Code (1910), §§ 2823, 2836, for the incorporation of a “social” and “literary” club, and the court refuses to grant an order incorporating the club as prayed for, a writ of error complaining of the refusal of the court to grant the order of incorporation will be dismissed.

Writ of error dismissed.

All the Justices concur.

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Atkinson, J.

The power conferred by the constitution upon the courts to grant charters to corporations is legislative and not judicial in its character, and there is no provision of law authorizing the review by this court, by writ of error or otherwise, of the action of the superior court in granting or refusing to grant corporate powers to private companies. Gas Light Company of Augusta v. West, 78 Ga. 318; Mangham v. Mallory, 128 Ga. 430 (57 S. E. 688); Shreve v. Pendleton, 129 Ga. 374 (58 S. E. 880, 12 Ann. Cas. 563).

(a) Accordingly, where an application is made, under the Civil Code (1910), §§ 2823, 2836, for the incorporation of a “social” and “literary” club, and the court refuses to grant an order incorporating the club as prayed for, a writ of error complaining of the refusal of the court to grant the order of incorporation will be dismissed.

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

82 S.E. 643, 142 Ga. 261, 1914 Ga. LEXIS 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-union-club-ga-1914.

Opinion

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