Scott v. Savannah Valley Broadcasting Co.

72 S.E.2d 711, 209 Ga. 375, 1952 Ga. LEXIS 505

• Court: Supreme Court of Georgia
• Decided: October 14, 1952
• Docket: No. 17960
• Status: Published

Opinion

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 matters,” 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).

No. 17960. Argued September 8, 1952 Decided October 14, 1952. Samuel E. Tyson and Fulcher, Fulcher & Hagler, for plaintiff in error. Gumming, Nixon & Eve, contra.

Judgment affirmed.

All the Justices concur.