Sterling Materials Co. v. McKinley
| Decision Date | 16 January 1963 |
| Docket Number | No. 21843,21843 |
| Citation | 129 S.E.2d 770,218 Ga. 574 |
| Parties | STERLING MATERIALS CO., Inc. v. C. F. McKINLEY et al. |
| Court | Georgia Supreme Court |
Lawson E. Thompson, Washington, for plaintiff in error.
Weldon C. Boyd, Greensboro, for defendants in error.
Syllabus Opinion by the Court
1. When a pleading is considered on demurrer it is construed against the pleader in light of his omissions as well as his averments; his failure to allege essential facts and his reliance upon allegations short of such facts will be construed to mean the absence of such essential facts. Hulsey v. Interstate Life & Accident Insurance Co., 207 Ga. 167(2), 60 S.E.2d 353. Specific allegations will control over general allegations. Jackson v. Copeland, 217 Ga. 420, 422, 122 S.E.2d 573. Good pleading requires the pleader to state ultimate facts rather than legal conclusions. City of Carrollton v. Walker, 215 Ga. 505, 509, 111 S.E.2d 79. 'All necessary jurisdictional facts must be clearly and distinctly set out in the petition, and their absence may be taken advantage of by demurrer.' Dutton v. Freeman, 213 Ga. 445, 449, 99 S.E.2d 204.
2. It is essential to a legal rendition of a personal judgment against a foreign corporation otherwise than by its voluntary appearance that the corporation be doing business within this State in such a manner and to such an extent as to warrant the inference that it is present in the State. Vicksburg, Shreveport & Pacific Ry. v. DeBow, 148 Ga. 738(1), 98 S.E. 381; Southeastern Distributing Co. v. Nordyke & Marmon Co., 159 Ga. 150, 157, 125 S.E. 171. When the question is one of the jurisdiction of the courts of this State to render a personal judgment against a foreign corporation in an action brought with reference to a business transaction initiated by the taking of an order in Georgia by an agent of the corporation, the term 'doing business' will not be extended to include a single, isolated business transaction but rather will be limited to the engagement for profit in some practice repeatedly or with the intention that the practice by repeated. Allied Finance Co., Inc. v. Prosser, 103 Ga.App. 538, 541, 119 S.E.2d 813; 23 Am.Jur., pp. 353-356, Foreign Corporations, § 370. See Redwine v. United States Tobacco Co., 209 Ga. 725, 728, 75 S.E.2d 556.
3. Where, as here, a defendant files his equitable cross-action and has a third person made a defendant, praying that any amount the plaintiff recovers against him be decreed over against the third person, and in such cross-action the defendant alleges that the third party defendant 'is a foreign corporation not domesticated in the State of Georgia, and has no office, place of business, nor agent in said State...
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...to import the absence of those facts. Hulsey v. Interstate Life, etc., Co., 207 Ga. 167, 170, 60 S.E.2d 353; Sterling Materials Co., Inc. v. McKinley, 218 Ga. 574(1), 129 S.E.2d 770.' Covil v. Robert & Co. Associates, 112 Ga.App. 163, 169, 144 S.E.2d 450, 455. 'If an inference unfavorable t......
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...who enters into a single transaction with no intention of doing more. * * * (119 S.E.2d at 816) See also Sterling Materials Co. v. McKinley, 218 Ga. 574, 129 S.E.2d 770 (1963). It is clear that the cases of International Shoe Co. v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. ......
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