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ARMED FORCES SERVICE COMPANY, INC., et al. v. PETREE.
19066.
WYATT, Presiding Justice.
Equitable petition. Before Judge Whitman. Fulton Superior Court. May 25, 1955.
Richard A. Petree filed suit against Armed Forces Service Company, Inc., a Georgia corporation, and T. B. Higdon, a resident of Georgia and one of the incorporators of the defendant corporation, seeking to enjoin the defendants from operating any business under the name of Armed Forces Service Company, Inc., and to cancel the charter of the defendant corporation. The defendant T. B. Higdon was later dismissed as a party defendant by the plaintiff. The contents of the petition filed by the plaintiff need not by fully set out here. It is sufficient to say that the petition alleges as follows: "Petitioner alleges on information and belief that the defendants have no organization under said charter." There are other allegations seeking to set up the plaintiff's right to exclusive use of the name Armed Forces Service Company because of his prior use of said trade name, and to set out the defendant's bad faith and fraudulent intent in incorporating under the name Armed Forces Service Company, Inc. A demurrer to the petition was overruled. This ruling, along with other rulings with reference to the intervention and answer and cross-bill which, in the view we take of this case, need not be set out here, are assigned as error to this court. Held:
2. The failure of the petition, as ruled above, carries with it the intervention and the defensive pleadings filed by the defendant and its cross-bill. No ruling is required or made with any reference to any question relating to these matters.
William F. Lozier, contra.
T. B. Higdon, for plaintiffs in error.
SUBMITTED SEPTEMBER 16, 1955 -- DECIDED OCTOBER 10, 1955.
Saturday May 23 02:46 EDT


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