Thomas v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Dismissal of appeal. ■ Jurisdiction. By Judge Pope. DeKalb Superior Court. October Term, 1868. Thomas brought case, in DeKalb county, against said company, for breaking his arm by the careless running of one of their hand-cars, by his fellow servants, in said county.
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Dismissal of appeal. ■ Jurisdiction. By Judge Pope. DeKalb Superior Court. October Term, 1868. Thomas brought case, in DeKalb county, against said company, for breaking his arm by the careless running of one of their hand-cars, by his fellow servants, in said county. It was not averred where the residence of the company was, except as follows: “ The Georgia Eailroad and Banking Company, a corporation of said State, having a portion of its road in, and doing business in, said county of DeKalb,” and that the injury to the plaintiff was done upon their road in said county. The defendant plead…
1Opinion of the CourtWarner, J.
1. There are two grounds of error assigned to the judgment of the Court below in this record. First, in refusing to dismiss the appeal; second, in dismissing the plaintiff’s action for want of jurisdiction. In our judgment, there was no error in refusing to dismiss the appeal, upon the statement, of facts presented. When a motion is made to dismiss an appeal at the first term after an appeal has been entered, on the ground of the insufficiency of the security, a rule should be applied for, requiring the party to give other security, or to shew cai^e why the appeal should not be dismissed, of…
2Cited by3 opinions
- National Furniture Co. v. EdwardsSupreme Court of Georgia · 1898
- Selma, Rome & Dalton Railroad v. GammageSupreme Court of Georgia · 1879
- McGrady v. Charlotte Harbor & Northern Railway Co.Supreme Court of Florida · 1913