Hornady v. Goodman, (Nos. 6690-6692).
| Decision Date | 29 December 1928 |
| Docket Number | (Nos. 6690-6692). |
| Citation | 146 S.E. 173,167 Ga. 555 |
| Parties | HORNADY et al. v. GOODMAN et al. POUNDSTONE et al. v. GOODMAN. GOODMAN. v. POUNDSTONE et al. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
[COPYRIGHT MATERIAL OMITTED]
The justices of this court, other than the Chief Justice, being disqualified, Superior Court Judges Crum, Maddox, Roop, Stark, and W. E. Thomas were designated, and they, with the Chief Justice, participated in the decision of these eases.
Error from Superior Court, Fulton County; John D. Humphries, Judge.
Petition for injunction by Mrs. Charles Goodman and others against Mrs. John R. Hornady and others, and quo warranto by Mrs. Odis C. Poundstone and others against Mrs. Charles Goodman, heard together. Judgment for plaintiffs in first action, and defendants bring error, and judgment for defendant in second action, plaintiffs bring error and defendant files cross-bill of exceptions. Judgment in first action reversed, and judgment in second action reversed, with direction on main bill of exceptions, and affirmed on cross-bill.
Branch & Howard, of Atlanta, for plaintiffs in error.
W. A. Fuller, M. H. Meeks, Shepard Bryan, and Hamilton Douglas, Jr., all of Atlanta, for defendants in error.
ORUM, Superior Court Judge. Oases Nos. 6690, 6691, and 6692, relating to and involving the same subject-matter, were argued together in this court, and will be disposed of in like manner. No. 6690 arose by petition filed by Mrs. Charles Goodman and others against Mrs. John R. Hornady and others, praying that Mrs. Hornady be enjoined from acting or attempting to act as president of the Atlanta Woman's Club, a corporation of Fulton county, Ga., chartered, not for pecuniary gain, but for social and civic purposes; and that Mrs. Goodman be declared to be the duly elected and qualified president of such club. No. 6691 is a proceeding in the nature of quo warranto instituted by Mrs. Odis C Poundstone and others against Mrs. Charles Goodman, to test the title of Mrs. Goodman to the office of president of the Atlanta Woman's Club, alleging that Mrs. Goodman was not the legally elected president of such club, and that, to the contrary, Mrs. John R. Hornady was the legally elected president of such club, and seeking to have Mrs. Goodman ousted, and, instead, Mrs. Hornady declared to be elected and installed as president of the Atlanta Woman's Club. No. 6692 is a crossbill of exceptions involving certain rulings made by the trial judge, adverse to the contentions of the defendants in error in case No. 6691.
Putting aside all questions of procedure, counsel for each of the parties in their briefs and during the argument in this court stand upon common ground in saying that the controlling question is, who was duly elected president of the Atlanta Woman's Club at its annual meeting in May, 1928; and further, that the solution of this question depends upon a proper construction, pari materia, of the by-laws of this organization relating to the election of its officers, of its by-laws relating to how its by-laws may be altered or amended, of certain laws and resolutions or so-called "election laws'.' adopted in 1924, and certain "motions" that had been made and carried in relation to the election now in dispute. In view of this position of counsel, the case having been so treated by the trial judge (in the propriety of which we fully concur), taking the view of these cases which impresses us as being the correct and only legal one, we do not deem it necessary to set forth in this opinion all the allegations and contentions of the parties in detail, but will content ourselves in stating what we think to be the essential controlling facts as disclosed by the record and the points of law raised in the pleadings.
We will take up first the quo warranto case. It strikes directly at the crux of the situation, and, if maintainable as a legal proposition, hits in a way to settle the controversy involved. This case was decided on the pleadings by the learned trial judge, he being of opinion that, among these altercations, there was to be found no issue of fact necessitating a trial by jury. The relator, Mrs. Poundstone, and others, in due and ancient form, made known to the court that, as they contended, the Atlanta Woman's Club is a corporation, chartered, not for pecuniary gain, but as a civic and social organization, owning considerable real and personal property; that they, and several hundred other ladies, were members thereof in good standing; and that the by-laws of such club provide as follows:
Petitioners further alleged and contended as follows: Mrs. Goodman is claiming to be president of the club, and the right to exercise its powers and authorities and perform its duties. She has not been legally elected and qualified as such president, for that, at the February, 1928, meeting of the club, a nominating committee of five members was elected, who reported to the April meeting a ticket to be voted on at the May meeting in the election of officers of the club. On this ticket the name of Mrs. Charles Goodman alone appeared as nominee for the office of president. At the April meeting the names of Mrs. R. L. Turman and Mrs. W. F. Melton were from the floor put in nomination for the office of president. Afterwards, and prior to the May meeting, Mrs. Melton withdrew her name as such nominee, and the name of Mrs. Turman was never withdrawn. After the withdrawal of the name of Mrs. Melton, a large number of the members of the club who were opposed to the election of Mrs. Goodman prevailed upon Mrs. John R. Hornady, who was then vice president, to allow her name to be placed in nomination for the office of president; and it became generally known among the members of the club that Mrs. Hornady would be nominated for the office, or that an effort would be made so to do. Mrs. W. B. Price-Smith was then the president of the club, and was a strong partisan of Mrs. Goodman; and this was generally understood among the members. A large number of those who were in favor of Mrs. Hornady and opposed to Mrs. Goodman had selected Mrs. Alonzo Richard son, a past president of the club, to take the lead, as representative of those favoring the nomination of Mrs. Homady, in presenting her name from the floor at the May meeting as a nominee for the office of president. At that meeting about 150 members were present, and when the time arrived for the election of officers, and immediately upon completion of the reading of the report of the nominating committee, Mrs. Richardson arose and addressed the chair, Mrs. Price-Smith presiding; whereupon Mrs. Moore addressed the chair, and, although Mrs. Richardson had first sought to obtain recognition from the chair, Mrs. Moore was recognized to make a motion to the effect that, as there was only one nomination for each office, the secretary should be instructed to cast the ballot This motion was seconded. Immediately, notwithstanding Mrs. Richardson continued to ask for recognition, stating that she asked for recognition on a point of order, the motion was put, and a few votes favored it, but the vast majority of the members present voted in opposition to the motion. A division was called for, which was ignored by the chair, and the motion declared carried, and immediately Mrs. Goodman was declared to be elected president of the club, although the name of Mrs. Turman had never been withdrawn. The motion to instruct the secretary to cast the ballot was lost by an overwhelming majority of votes of the members present; but the chair arbitrarily, unreasonably, and oppressively declared the motion carried, and declared that Mrs. Goodman was elected, having ignored the call for division. An appeal from the decision of the chair was called for, and was likewise disregarded. Mrs. Price-Smith, presiding, purposely refused to recognize any one who was not favorable to Mrs. Goodman, and she purposely prevented the making of any nominations from the floor. After declaring Mrs. Goodman elected, Mrs. Price-Smith without any motion declared the meeting adjourned, and with 12 or 15 others left the assembly hall and delivered to Mrs. Goodman the books and papers pertaining to the office of president. Thereupon (no motion to adjourn having been made) the other members continued with the meeting, and, after electing Mrs. Richardson as chairman, proceeded to the election of a president by ballot, as provided by the by-laws, with tellers regularly elected, at which election Mrs. John R. Hornady received 123 votes, and Mrs. Charles Goodman received 4 votes, for the office of...
To continue reading
Request your trial
-
Bartley v. Augusta Country Club, Inc.
...rights, if any, are governed by the by-laws, which constitute the agreement between the corporation and its members. Hornady v. Goodman, 167 Ga. 555, 572, 146 S.E. 173 [1928]; Tuttle v. Walton, 1 Ga. 43, 48-49 [1846]." Bartley v. Augusta Country Club, 166 Ga.App. 1, supra, (2). "[J]udicial ......
-
Bartley v. Augusta Country Club, Inc.
...rights, if any, are governed by the by-laws, which constitute the agreement between the corporation and its members. Hornady v. Goodman, 167 Ga. 555, 572, 146 S.E. 173; Tuttle v. Walton, 1 Ga. 43, 3. The trial court erred, however, in awarding the Club summary judgment. The record in its pr......