Lodge v. Massey
| Decision Date | 26 February 1926 |
| Docket Number | (No. 16520.) |
| Citation | 132 S.E. 270,35 Ga.App. 140 |
| Parties | GRAND LODGE, K. P., etc. v. MASSEY. |
| Court | Georgia Court of Appeals |
(Syllabus by Editorial Staff.)
Error from City Court of Dawson; M. C. Edwards, Judge.
Suit by Will Massey against the Grand Lodge, Knights of Pythias, etc. Judgment for plaintiff, and defendant brings error. Reversed.
R. D. Flagin, of Macon, for plaintiff in error.
H. A. Wilkinson, of Dawson, for defendant in error.
Syllabus Opinion by the Court.
STEPHENS, J. [1, 2] 1. Where the defendant is described in a petition as "the Grand Lodge, Knights of Pythias of Georgia, under the jurisdiction of the Supreme Lodge, Knights of Pythias of N. A., S. A., E., A, A., and A., " a process attached which is directed to "the defendant, Grand Lodge, Knights of Pythias of Georgia" is directed to the defendant named in the petition, and is not void as being directed to a different person. If the process is defective, it is not for this reason invalid, as such defect is curable byamendment. Civil Code 1910, § 5709; Baldwin, Starr & Co. v. McMichael, 68 Ga. 828; Smith v. Morris, 29 Ga. 339; Scudder v. Massengill, 88 Ga. 245, 14 S. E. 571.
2. A return of service of a petition and process made by a sheriff which recites that he has served the defendant, a corporation, by personally serving a named person, imports a legal service upon the corporation, as required under section 2258 of the Civil Code 1910, and therefore that the person served was a person as an agent or officer of the corporation upon whom legal service could be perfected. "Williams v. Atlanta National Bank, 31 Ga. App. 212 (4), 120 S. E. 658, and cases there cited. This is true, although the return of service does not affirmatively recite that the person served was an officer or agent of the corporation. An affidavit of illegality, attacking the service upon the ground that the individual served was not an officer or agent of the defendant corporation, is insufficient, in the absence of a traverse of the officer's return.
3. A subordinate lodge of a fraternal organization is capable of being the agent of the grand lodge of the organization, and, where such is the case, service upon the grand lodge may be perfected by serving the subordinate lodge through one of the officers of the subordinate lodge. Springfield Eire Ins. Co. v. Price, 132 Ga. 687 (2), 64 S. E. 1074; National Council. Junior Order U. A. M., v. Evans (Ga. App.) 131 S. E. 121.
4. Where the return of service upon a petition and process made by a sheriff recites he has served "the defendant by personally serving McGhee Williams, chief executive officer of a local lodge, to wit, Ella James Lodge, No. 9, of the Knights of Pythias of North America, a subordinate lodge of the defendant, with a copy of the within petition and process of date...
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