Bell v. New Orleans & Northeastern Railroad
Court of Appeals of Georgia
Complaint, from city court of Atlanta — Judge Reid. March 18, 1907. Bell instituted his action in the city court of Atlanta against the New Orleans & Northeastern Railroad Company, alleging that the defendant had an office and an agent in the county in which the court is located.
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Complaint, from city court of Atlanta — Judge Reid. March 18, 1907. Bell instituted his action in the city court of Atlanta against the New Orleans & Northeastern Railroad Company, alleging that the defendant had an office and an agent in the county in which the court is located. A deputy sheriff made the following return: “Served the defendant New Orleans and North Eastern Railroad Company, a corporation, by serving Ray Knight, its commercial agent, by leaving a copy oí the within writ and process with him in person at the office and place of doing business of said corporation in Fulton…
1Opinion of the CourtPowell, J.
(After stating the facts.)
1. Irrespective of whether the assignment of error to the final’ judgment is sufficiently specific or not, there is an exception to the final judgment, and error is duly assigned, through the exceptions pendente lite, to a controlling interlocutory ruling; therefore, under -the decision in Lyndon v. Ga. Ry. & Elec. Co., 129 Ga. 353, 58 S. E. 1047, the writ of error will not be dismissed.
2. It is the right of a defendant to appear specially before pleading to the merits, an,d, have the action dismissed on the ground that there has been no legal service of process. If…
2Cases cited11 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Chance v. Planters Rural Telephone Cooperative, Inc.Supreme Court of Georgia · 1963
- Georgia Power Co. v. O'BryantCourt of Appeals of Georgia · 1983
- Vicksburg, Shreveport & Pacific Ry. v. DeBowSupreme Court of Georgia · 1919
- Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
25 more not listed; retrieve them via the Exa API.