Kelly & Mitchell v. Morris
Supreme Court of Georgia
In Equity, in Eulton Superior Court. Decided by Judge Burr, at the October Term, 1859. Alexander Kelly and Pleasant A. Mitchell, prepared and presented to his Honor, Orville A. Bull, the presiding Judge of the Coweta Circuit, their bill in equity, in which they alleged: That in the year 1852, the Augusta,, Atlanta and Nashville Magnetic Telegraph Company was incorporated by Acts of the Legislatures of Georgia and Tennessee, and clothed by said Acts of incorporation with…
Read the full summary
In Equity, in Eulton Superior Court. Decided by Judge Burr, at the October Term, 1859. Alexander Kelly and Pleasant A. Mitchell, prepared and presented to his Honor, Orville A. Bull, the presiding Judge of the Coweta Circuit, their bill in equity, in which they alleged: That in the year 1852, the Augusta,, Atlanta and Nashville Magnetic Telegraph Company was incorporated by Acts of the Legislatures of Georgia and Tennessee, and clothed by said Acts of incorporation with power to construct a telegraph line from Augusta, in the State of Georgia, via Atlanta, to the city of Nashville, in the…
1Opinion of the Court
By the Court.
Jenkins, J.,
delivering the opinion.
The first error assigned against the judgment of the Court below, is, “That the Court erred in deciding that the purchaser, at a sale made under a decree of a Court of Chancery, upon a bill filed in the State of Tennessee, for the purpose of foreclosing a mortgage upon the whole telegraph line and fixtures, furniture, etc., acquired no title to that portion of the said property lying in the State of Georgia.”
This is an objection to the jurisdiction of the Court of Chancery in Tennessee. This point is not free from difficulty, arising chiefly…
2Cited by2 opinions
- Dickson v. DowsNorth Dakota Supreme Court · 1903
- Hutton v. School CityIndiana Supreme Court · 1924