Drake v. Tennessee, A. & G. R.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. Action by W. 'M. Drake against the Tennessee, Alabama & Georgia Railroad Company. From a judgment dismissing the petition for want of jurisdiction, plaintiff brings error.
1Opinion of the Court
BRYAN, Circuit Judge.
This suit was brought in Georgia for damages for personal injuries received by plaintiff in error, a citizen of Tennessee, against defendant in error. The petition alleged that defendant in error was a corporation under the laws of Georgia. This allegation was at first admitted by defendant in error, in its answer on the merits. At a subsequent term of court, defendant in error, by leave of court and over the objection of plaintiff in error, filed a plea to the jurisdiction of the court, the substance of which was that it was first incorporated under the laws of Alabama,…
2Cases cited4 opinions
- Quillian v. JohnsonSupreme Court of Georgia · 1905
- Boston & Maine Railroad v. GokeySupreme Court of the United States · 1908
- Bray v. PeaceSupreme Court of Georgia · 1908
- White v. North Georgia Electric Co.Supreme Court of Georgia · 1911
3Cited by1 opinion
- Hardin v. Southern Ry. Co.District Court, N.D. Georgia · 1924