Legal Opinion

Roy v. Georgia Railroad & Banking Co.

Court of Appeals of Georgia

Decided September 9, 1915No. 6041PublishedCited by 18 opinions

Action for damages; from city court of Madison — Judge Anderson. October 10, 1914. The action was against the Georgia Bai'lroad and Banking Company, the Seaboard Air-Line Railway, the Southern Railway Company, and the Virginia and Southwestern Railway Company. Each defendant demurred generally and specially, and the court sustained the demurrers and dismissed the petition.

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Action for damages; from city court of Madison — Judge Anderson. October 10, 1914. The action was against the Georgia Bai'lroad and Banking Company, the Seaboard Air-Line Railway, the Southern Railway Company, and the Virginia and Southwestern Railway Company. Each defendant demurred generally and specially, and the court sustained the demurrers and dismissed the petition. The petition alleged: The Georgia Railroad and Banking Company is a corporation of this State, owning a railroad running from Atlanta to Augusta therein, and passing through the county of Morgan, wherein it has an agency…

1Opinion of the Court

Broyles, J. I.

The suit against ¿11 the defendant railroad companies was properly brought in Morgan county. The injury having occurred in that county, and the Georgia Railroad & Banking Company having *35an office and agency there, that company was suable in that county only, and any judgment rendered against it in any other county would have been utterly void. Civil Code (1910), § 2798; Brooke v. L. & N. R. Co., 3 Ga. App. 492 (60 S. E. 218), and eases therein cited. The non-resident defendants being suable in Georgia, the suit against, them was properly brought in Morgan county, service being…

2Cases cited10 opinions

  1. Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
  2. Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  3. Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
  4. Sykes v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1903
  5. Ladd v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Yandell v. National Fireproofing Corp.Supreme Court of North Carolina · 1953
  2. Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
  3. Butler v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1953
  4. Edwards v. Southern Ry. Co.Supreme Court of Alabama · 1936
  5. Erie R. Co. v. MurphyCourt of Appeals for the Sixth Circuit · 1940

13 more not listed; retrieve them via the Exa API.

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