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These activities of Aero Mayflower, in Greene County, through their agents, were related to their primary corporate functions. Mulvaney, the alleged express agent in question, was found not to have been authorized by the department store in question to solicit business in Pike County. Additionally, the alleged solicitation by the agent in question was not of a continuous nature and could not be established by other evidence.
Secondly, this solicitation is of a nature which was continuous and permanent, in that it was contained in the Greene County telephone directory. Finally, the fact that these directories were kept by Greene County residents further establishes that the solicitation of business by two express agents of Aero Mayflower in Greene County was ongoing. We adopt in principle Petitioner's rationale distinguishing City Stores Co. We emphasize that, at the time of the filing of this suit, Mayflower, by its own implicit admission, was doing business in Greene County by offering for hire, openly and publicly, its moving services.
Conspicuously missing from each of the venue cases cited by Respondent, in which this Court applied the "quantity and regularity of business activity" test, is the element of "holding itself out for business" in the forum county. At all times here pertinent, Mayflower, in Greene County, held itself out as doing business in that county. In this context, we cannot distinguish one's "holding himself out for business" from his "doing business.
I respectfully dissent from the majority's opinion holding that venue was proper in Greene County. First, I do not believe that merely running an advertisement is sufficient to constitute "doing business" in a county. An advertisement, in the context of this case, is only a notice to the public intended to arouse a desire to do business in the future. It does not mean that one is actually "doing business" in that county, as is required by statute.
This Court has recently held that a "continuing promise" is not an activity which constitutes "doing business" in a county. Ex Parte Morrison Assurance Co.
I believe that a "continuing promise" in a county binds a corporation to that county much more than an advertisement, which binds no one to do anything at all. Since this Court has held that a "continuing promise" in a county is not enough to constitute "doing business" in that county, I cannot agree that the mere distribution of an advertisement in a county is the same as "doing business" there. Also, this Court has often held that solicitation of business by an agent in a particular area does not constitute doing business in that area.
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Marcus v. Hubbell Publishing Co. Union American Publishing Co. I believe that the active solicitation of business by an agent is closer to "doing business" than is this passive advertisement, which lists agents who are plainly out of the county. If solicitation is not "doing business," and it is not, then I fail to see how the distribution of a printed advertisement can be considered to constitute "doing business. There is much authority in other jurisdictions for the principle that advertising or soliciting, without more, does not equate with "doing business.
Custom Automotive, Inc. Personnel Consultants, Inc. Pat-Pan, Inc.
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Wiltemp Corp. Grand Resorts, Inc. Johnson Heater Corp. Day Zimmerman, Inc. N Y , aff'd mem. Craftsman Hardwood Lumber Co. Gaytone Fabrics, Inc. American Marine Corp. Daniels Co. Contractors, Inc. Superior Court , 20 Cal. While some of the above cases concern jurisdiction instead of venue, each case uses basically the same test for the term "doing business" and can be analogized to the case at hand. I do not think that it is wise for Alabama to deviate from the great wealth of authority on this issue; rather, I think we should remain consistent with our own cases and with the above cited cases from other jurisdictions.
Second, I believe that the majority's opinion is factually misleading on the key point upon which the opinion is based. As the majority correctly states, venue is determined as of the time the suit was filed. Although the opinion conspicuously omits the date the suit was filed, the record shows that this lawsuit was filed on June 8, The basis of the opinion is that as of June 8, , Aero Mayflower, Inc.
The opinion states that this advertisement was present in the , , and telephone books.
However, a close inspection shows that the effective dates of the aforesaid telephone books were from August of through July of , August of through July of , and August of through July of Therefore, it is obvious from this viewpoint that no advertisement from Aero Mayflower was even being carried in Greene County on June 8, , which is the date this suit was filed. As of June 8, , Aero Mayflower's most recent contacts with Greene County had been a delivery made there approximately twenty months beforehand and an advertisement in the telephone book which expired over ten months beforehand.
I certainly do not believe that these facts constitute "doing business" on June 8, Third, this case has come to this Court by a petition for a writ of mandamus. While I realize that mandamus is the proper vehicle to challenge venue, Rochester v. Hamrick Construction Co. Ex Parte Baker , So. The majority opinion seems to recognize that the City Stores case is the closest Alabama case on point, and concludes that, because the petitioner distinguished the present case from City Stores so well, her petition for a writ of mandamus should be granted.
In my opinion, this has improperly taken the burden off the petitioner and placed it on the respondent. Petitioner has the burden to prove a clear abuse of discretion, and the burden is not met by merely distinguishing a case on which the respondent relies. Petitioner has not cited to this Court any cases showing that the trial judge clearly abused his discretion, and thus she has not properly supported her petition. Furthermore, while I do not question that City Stores is factually distinguishable from the present case, the rule of law which is derived from City Stores remains solid and is still applicable to this case.
The rule which was adopted by this Court in City Stores is plainly that advertising in a county, without more, does not constitute "doing business" in that county. City Stores , Ala. Although the facts of City Stores are indeed different, the bottom-line rule adopted therein should not be discarded so easily.
For all of the foregoing reasons, I disagree with the majority's conclusion that venue is proper in Greene County. Greene County Georgia Court Directory.
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The Muscogee County Sheriff's Office offers public information on felony offenders sentenced to the county jail. The courthouse is on left corner of Main Street by red light. Greene County is a county in the U. For instance, arrest warrants released in misdemeanor cases are seldom executed outside the issuing county. We specialize in helping you find online public records so that you can have peace of mind knowing that you and your loved ones are protected.
Greene County Courthouse. One was a police academy trainee. The Oconee County Board of Commissioners approved repairs to a total of six tennis courts, including four regulation tennis courts and two quick start tennis courts, at Herman C.