Atlanta, Knoxville & Northern Railway Co. v. Wilson
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. June 29, 1903. Mrs. Wilson as administratrix brought suit, under the Tennessee statute, for tbe homicide of her husband, which she alleged occurred on December 21,1898. Suit was filed in Cobb superior court, September 28, 1899, the petition averring that the company’s principal office was there located.
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Action for damages. Before Judge Reid. City court of Atlanta. June 29, 1903. Mrs. Wilson as administratrix brought suit, under the Tennessee statute, for tbe homicide of her husband, which she alleged occurred on December 21,1898. Suit was filed in Cobb superior court, September 28, 1899, the petition averring that the company’s principal office was there located. The railway company filed a plea to the jurisdiction, alleging that by charter its residence was in Fulton county, and that the courts of Cobb county had no jurisdiction, the homicide not having occurred there, but in Tennessee.…
1Opinion of the CourtLamar, J.
Where, to prevent the bar of the statute of limitations, the plaintiff relies on the privilege of renewal within six months, conferred by the Civil Code, § 3786, a copy of the record in the first suit should be attached, so that the court may determine, as a matter of law, whether the two suits were for the same cause of action and between the same parties. The court should have before it the petition rather than the conclusions of the pleader thereon, for the further reason that it should be in position to determine whether the first suit was itself brought within the statute, and in a court…
2Cases cited25 opinions
- Smith v. McNealSupreme Court of the United States · 1883
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Comer v. BankheadSupreme Court of Alabama · 1881
- Cox v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Georgia · 1882
- Knox v. StateSupreme Court of Georgia · 1901
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- Chance v. Planters Rural Telephone Cooperative, Inc.Supreme Court of Georgia · 1963
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