Murphy v. John S. Winter & Co.
Supreme Court of Georgia
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…
Read the full summary
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
- Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Harry S. Peterson Co. v. NAT. UNION FIRE INSURANCE CO.Court of Appeals of Georgia · 1993
- Jefferson County Savings Bank v. CarlandSupreme Court of Alabama · 1916
- Lomax v. LomaxSupreme Court of Georgia · 1933
6 more not listed; retrieve them via the Exa API.