Legal Opinion

Richmond & Danville Railroad v. Benson & Co.

Supreme Court of Georgia

Decided November 21, 1890PublishedCited by 33 opinions

Practice. Process. Amendment. Railroads. Carriers. Evidence. Damages. Attorneys’ fees. Before Judge Esrs. City court of Richmond county. August term, 1890. Reported in the decision.

1Opinion of the Court

Simmons, Justice.

Benson & Co. sued the railroad company for damages occasioned by the loss of certain goods described in the declaration. The process attached to the declaration commanded the defendant “to be and appear at the city court of Richmond county next to be holden in and for the county aforesaid, on the first Monday in July, 1889 and was dated July 16th, 1889, and signed by the clerk of the city court. The regular term of the court was the first Monday in August. The defendant, by its counsel, appeared at the regular term and moved to dismiss the case because the process was void.…

2Cases cited5 opinions

  1. Williams v. Buchanan & BrotherSupreme Court of Georgia · 1885
  2. Blake v. CampSupreme Court of Georgia · 1872
  3. Lowrey v. Richmond & Danville RailroadSupreme Court of Georgia · 1889
  4. Covington v. CothransSupreme Court of Georgia · 1866
  5. Townsend v. E. B. Stoddard & Co.Supreme Court of Georgia · 1858

3Cited by33 opinions

  1. Traders Insurance v. MannSupreme Court of Georgia · 1903
  2. Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
  3. Neal-Millard Co. v. OwensSupreme Court of Georgia · 1902
  4. Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
  5. Hutchinson v. United States Express Co.West Virginia Supreme Court · 1907

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