Ace Waterproofing Co. v. Tremco Manufacturing Co.

Full title: ACE WATERPROOFING COMPANY v. TREMCO MANUFACTURING COMPANY, INC

Court: Court of Appeals of Georgia

Date published: Jun 20, 1967

156 S.E.2d 398 (Ga. Ct. App. 1967)

156 S.E.2d 398

Opinion

42751.

SUBMITTED MAY 4, 1967.

DECIDED JUNE 20, 1967. REHEARING DENIED JULY 26, 1967.

Plea to jurisdiction. Fulton Civil Court. Before Judge Williams.

J. E. Wilson, for appellant.

Lipshutz, Macey, Zusmann Sikes, J. Timothy White, Larry S. Bryant, for appellees.

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 S.E. 849); Southern Lumber Co. v. Ramsey-Wheeler Co., 38 Ga. App. 481 ( 144 S.E. 349)." Singuefield v. General Oglethorpe Hotel Co., 113 Ga. App. 326 ( 148 S.E.2d 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 moved, presumably by its officers, to Clayton County prior to the filing of the action. The plea to the jurisdiction was properly overruled.

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

SUBMITTED MAY 4, 1967 — DECIDED JUNE 20, 1967 — REHEARING DENIED JULY 26, 1967.