Selma, Rome & Dalton Rail Road v. Harbin
Supreme Court of Georgia
Corporations. Judgments. Notice. Before Judge Parrott. Whitfield Superior Court. October Term, 1869. In January, 1866, Harbin sued out an attachment, returnable to April Term, 1866, against Hugh O’Hara and James Laman, under the firm name of O’Hara & La-man. On the first of February, 1866, it was levied by service of garnishment on “Edward White, the President of the Dalton and Jacksonville Railroad Company,” a corporation of this State.
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Corporations. Judgments. Notice. Before Judge Parrott. Whitfield Superior Court. October Term, 1869. In January, 1866, Harbin sued out an attachment, returnable to April Term, 1866, against Hugh O’Hara and James Laman, under the firm name of O’Hara & La-man. On the first of February, 1866, it was levied by service of garnishment on “Edward White, the President of the Dalton and Jacksonville Railroad Company,” a corporation of this State. The declaration, filed at April Term, 1866, was in the usual form, upon a written promise by said firm, binding the firm “to pay H. P. Harbin the sum of five…
1Opinion of the CourtMcCay, J.
By the Act consenting to and approving the consolidation of these companies, it was expressly provided that each company should continue liable to third persons for all the obligations it had undertaken before the consolidation. This provision of the Act cannot be carried out if the Rome and Jacksonville Railroad has ceased to exist. For the purposes of enforcing its obligations upon it, those whom it owes may treat it as still existing and sue and recover judgment against it. And this is in fact nothing but what the Code had previously enacted: Sec. 1643.
That the new company has undertaken…
2Cited by3 opinions
- ATLANTA NEWSPAPERS INC. v. DoyalCourt of Appeals of Georgia · 1951
- State v. Atlantic & Gulf RailroadSupreme Court of Georgia · 1878
- Langhorne v. Richmond City Ry. Co.Supreme Court of Virginia · 1894