Legal Opinion

Murphy v. John S. Winter & Co.

Supreme Court of Georgia

Decided August 15, 1855No. 98PublishedCited by 11 opinions

Debt and bail, in Troup■ Superior Court. Tried before ¿Fudge Bull, May Term, 1855. This was an action of debt and bail, brought by J. S. Winter & Co. against John W. Murphy, on a due bill for $800’. At the trial on the appeal, Counsel for defendant moved -the Court for a continuance, to allo.w him to file a plea to the ¿jurisdiction of. the Court,- stating that the.defendant resided in •the State of Alabama, and was merely passing through Troup County when he was sued; that…

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Debt and bail, in Troup■ Superior Court. Tried before ¿Fudge Bull, May Term, 1855. This was an action of debt and bail, brought by J. S. Winter & Co. against John W. Murphy, on a due bill for $800’. At the trial on the appeal, Counsel for defendant moved -the Court for a continuance, to allo.w him to file a plea to the ¿jurisdiction of. the Court,- stating that the.defendant resided in •the State of Alabama, and was merely passing through Troup County when he was sued; that he. did not know the reason of the absence of the defendant from Court; and that he had expected him to be present. The…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

Can a citizen of Alabama be sued in this State, as he passes ‘ thi’ough it ?

[1.] Undoubtedly he can. The second of the axioms of Euberus, as translated by Story, is: “ that all persons who *692are found within the limits of a government, whether their residence is permanent or temporary, are to be deemed subjects thereof.” (Stor. Conf. Laws, §29, Note 3.)

[2.] If he is liable to suit in the State, what county is it in which the suit is to be brought ? That county in which he resides at the time when the suit is brought. And a citizen of another State,…

2Cited by11 opinions

  1. Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
  2. Baisley v. BaisleySupreme Court of Missouri · 1893
  3. Harry S. Peterson Co. v. NAT. UNION FIRE INSURANCE CO.Court of Appeals of Georgia · 1993
  4. Jefferson County Savings Bank v. CarlandSupreme Court of Alabama · 1916
  5. Lomax v. LomaxSupreme Court of Georgia · 1933

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