Atlanta, Birmingham & Atlantic Railroad v. Atlantic Coast Line Railroad
Supreme Court of Georgia
Action for breach of contract. Before Judge Thomas. Glynn superior court. July 19, 1911. The Atlantic Coast Line Bailroad Company brought its suit against the Atlanta, Birmingham and Atlantic-Bailroad Company, for the recovery of the sum of $730.29, alleged to have 'arisen and become due from the breach of a contract originally made between the plaintiff and the Atlantic & Birmingham Bailway Company, the predecessor in title of the plaintiff in error.
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Action for breach of contract. Before Judge Thomas. Glynn superior court. July 19, 1911. The Atlantic Coast Line Bailroad Company brought its suit against the Atlanta, Birmingham and Atlantic-Bailroad Company, for the recovery of the sum of $730.29, alleged to have 'arisen and become due from the breach of a contract originally made between the plaintiff and the Atlantic & Birmingham Bailway Company, the predecessor in title of the plaintiff in error. The contract was in respect to certain changes in the track of the plaintiff, as the same was at that time laid in a street in Brunswick, Glynn…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. Error is assigned because the court below overruled a general demurrer to the petition, and a motion to dismiss the case on the ground that the petition showed that the superior court of Glynn county was without jurisdiction to entertain the suit. It is insisted that the suit must be brought in the county of the principal office of the company, Fulton, and that any judgment obtained elsewhere is utterly void, unless the cause of action comes within the provision of Civil Code, § 2798. It is contended that this is not a case in which the right to sue…
2Cases cited3 opinions
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Atlantic & Birmingham Railway Co. v. JohnsonSupreme Court of Georgia · 1907
- Bracewell v. Southern Railway Co.Supreme Court of Georgia · 1910
3Cited by10 opinions
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- McAlister v. American Railway Express Co.Supreme Court of North Carolina · 1920
- Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1934
- Austin Co. v. Smith Co.Supreme Court of Georgia · 1912
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