Opinion
17960.
ARGUED SEPTEMBER 8, 1952.
DECIDED OCTOBER 14, 1952.
Petition for injunction. Before Judge Anderson. Richmond Superior Court. June 3, 1952.
Samuel E. Tyson and Fulcher, Fulcher Hagler, for plaintiff in error.
Cumming, Nixon Eve, contra.
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 matter," 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).
Judgment affirmed. All the Justices concur.