Georgia Railroad & Banking Co. v. Kirkpatrick
Supreme Court of Georgia
Trespass. Demurrer to Declaration. Decided by J udge Warner. In DeKalb Superior Court. October Term, 1866. The suit was brought by the defendant in error against the plaintiff in error in October, 1866. The declaration alleged a trespass upon the land of the plaintiff below, situate in DeKalb county,Jwhere the action was brought, by the Railroad Company, committed in the year 1865, by entering upon said land, and cutting down and destroying the trees and underwood thereon.
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Trespass. Demurrer to Declaration. Decided by J udge Warner. In DeKalb Superior Court. October Term, 1866. The suit was brought by the defendant in error against the plaintiff in error in October, 1866. The declaration alleged a trespass upon the land of the plaintiff below, situate in DeKalb county,Jwhere the action was brought, by the Railroad Company, committed in the year 1865, by entering upon said land, and cutting down and destroying the trees and underwood thereon. The declaration also contained a count in trover for divers cross-ties, the property of the plaintiff, alleging a…
1Opinion of the CourtWalker, J.
Had the Superior Oourfc of DeKalb county jurisdiction of this case? The act of 1859,pamjp. 48, says : “ Ho suit against a Railroad Company in this State shall hereafter be dismissed for want of jurisdiction iu the Court in the *145county in which said suit may be pending, or hereafter brought; provided the road of such company is located in, or shall run through, the county in which such suit is or may be pending; provided, further, the cause of action arose, or the contract was made, or to be performed in the county where the suit is instituted.” The Code, sec. 3313, says: “All civil cases in…
2Cited by4 opinions
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