Southern Railway Co. v. Johnson

Simmons, Chief Justice.

It appears from the record, that the railroad company killed two cows belonging to the plaintiff. The tort, was committed in the 1239 district G. M., of Appling county. Both magistrates in that district were disqualified to try the case, by reason of their relationship to the plaintiff. The suit was therefore brought in the 457 district G. M., in which Baxley, the county site, is situated. At the trial of the case, counsel for the railroad moved to dismiss the case, because the magistrate of this latter district had no jurisdiction, and also on the ground that…