156 Ga. 21 | Ga. | 1923
(After stating the foregoing facts.)
We do not think, for any of the reasons urged or stated, or because of any other facts inferable from the character of the organization constituting the corporation in question, that it is a public corporation, — that is, in the sense of that term as used in our law. We turn to our statute for a definition of a public corporation; and section 2190 of the Civil Code, containing that definition, is as follows: “A public corporation is one having for its object the administration of a portion of the powers of govern
But the conclusion reached, that the judge below did not err in not holding the deed to be invalid under the circumstances, is strengthened by a consideration of the evidence in the record, which affords grounds for the presumption that the executive committee referred to above, in whom was vested control of the financial affairs of the corporation, had ceased, very largely, to perform its functions, if it had not ceased to function altogether. This is an inference which the court below was authorized to draw from the evidence in the case, and is not stated as a fact shown by positive and direct evidence. It is clearly inferable from the entire testimony taken together, certainly the trial judge was authorized to find, that the financial condition of the corporation was not a healthy one; and if the finance committee had not ceased to function and had taken up the financial affairs of the corporation, they would have found it to be in a situation which would have required of them to take the step which was actually taken by the commanding officer, or to adopt some similar measure.
Judgment affirmed.