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Call Now: 904-383-7448The societies referred to in Code Section 14-5-49 shall be bodies politic and corporate for the purposes of receiving in their distinct and proper names by their trustees or officers all property, both personal and real, by purchase, gift, or bequest. They may plead, be impleaded, contract, and be contracted with. When any such society shall have entered the names of its trustees or officers and shall have recorded its name, style, and objects as required by law, it may defend and be defended and shall then be entitled to all the benefits of Code Sections 14-5-46 through 14-5-48.
(Ga. L. 1855-56, p. 272, § 2; Code 1873, § 2347; Code 1882, § 2347; Civil Code 1895, § 2357; Civil Code 1910, § 2830; Code 1933, § 22-414; Code 1933, § 22-5511, enacted by Ga. L. 1968, p. 565, § 1.)
- In light of the similarity of the provisions, decisions under former Civil Code 1910, § 2830, and former Code 1933, § 22-414, are included in the annotations for this Code section.
- Former Civil Code 1910, § 2830 (see now O.C.G.A. § 14-5-50) converts an unincorporated religious organization into a corporation. Langford v. Mount Zion Baptist Church, 22 Ga. App. 696, 97 S.E. 102 (1918) (decided under former Civil Code 1910, § 2830).
- Plaintiff, in its petition, designated itself as Tremont Temple Baptist Church, and alleged that it was "a duly organized religious society, and that a certificate of said society has been duly filed and recorded in the office of the clerk of the superior court" of the county in which the church is located; this showed a sufficient compliance with the provisions of this Code section. Hartsfield v. Tremont Temple Baptist Church, 163 Ga. 557, 136 S.E. 550 (1927) (decided under former Civil Code 1910, § 2830).
- An unincorporated labor union was such a society as was contemplated by former Code 1933, §§ 22-409 through 22-412 and 22-415 (see now O.C.G.A. §§ 14-5-46 through14-5-48 and § 14-5-50), and was not subject to suit as an association of individuals, the suit not purporting to proceed against the members individually or as partners, and it not having been incorporated and not having had its name, style, objects, and the names of its trustees or officers recorded as required by law. Smith v. International Ladies Garment Workers Union, 58 Ga. App. 26, 197 S.E. 349 (1938) (decided under former Code 1933, § 22-414).
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