Georgia & Alabama Railway v. Stollenwerck
Supreme Court of Alabama
Arpeal from the City Court of Birmingham. Tried before the Hoñ. W. W. Wiijkerson. The appellee, Estelle Stollenwerck, on September 7, 1896, recovered a judgment in the city court of Birmingham against E. A. Smith, for $545.90 and costs. On March 24,1897, the plaintiff in said judgment sued out a writ of garnishment against the appellant, the Georgia & Alabama Railway. On March 30, 1897, the writ of garnishment was served upon said garnishee.
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Arpeal from the City Court of Birmingham. Tried before the Hoñ. W. W. Wiijkerson. The appellee, Estelle Stollenwerck, on September 7, 1896, recovered a judgment in the city court of Birmingham against E. A. Smith, for $545.90 and costs. On March 24,1897, the plaintiff in said judgment sued out a writ of garnishment against the appellant, the Georgia & Alabama Railway. On March 30, 1897, the writ of garnishment was served upon said garnishee. On April 24, 1897, the garnishee filed its written answer, and thereafter on February 12, 1898, on motion of the plaintiff, the garnishee was required to…
1Opinion of the CourtTyson, J.
— 1. The proof shows that the appellant company, the garnishee below, was incorporated in the *543State of Georgia on the 15th August, 1895, and was subsequently, in the same month, incorporated in-the State of Alabama. It had, therefore, legal existence or residence in each of these States for the purposes of operating its line and transacting its corporate business. For such purposes, the corporation ivas a legal unit, and when sued in either State, it could not plead its non-residence in the other. — Central R. R. & B. Co. v. Carr, 76 Ala. 388; M. & C. R. R. Co. v. Alabama, 107 U. S. 581; 2…
2Cases cited7 opinions
- Memphis & Charleston Railroad v. AlabamaSupreme Court of the United States · 1883
- Central Railroad & Banking Co. v. CarrSupreme Court of Alabama · 1884
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Montgomery Gas Light Co. v. Merrick & SonsSupreme Court of Alabama · 1878
- Ala. Great Southern Railroad v. ChumleySupreme Court of Alabama · 1890
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