Lamb v. Howard
Supreme Court of Georgia
The Court of Appeals certified the following question (Case No. 10013): “Under section 3798 of the Civil Code, providing that in certain kinds of cases ‘all railroad companies shall be sued in the county in which the cause of action originated/ and that ‘any judgment rendered in any other county than the one in which the cause so originated shall be utterly void/ and in view of the decision in the case of Atlanta, Knoxville & Northern Railway Co. v. Wilson, 119 Ga. 782, was…
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The Court of Appeals certified the following question (Case No. 10013): “Under section 3798 of the Civil Code, providing that in certain kinds of cases ‘all railroad companies shall be sued in the county in which the cause of action originated/ and that ‘any judgment rendered in any other county than the one in which the cause so originated shall be utterly void/ and in view of the decision in the case of Atlanta, Knoxville & Northern Railway Co. v. Wilson, 119 Ga. 782, was the entire proceeding in a case to which these provisions applied and in which the Supreme Court held that 'the petition…
1Opinion of the CourtBeck, P. J.
On May 25, 1914, George P. Howard filed suit in the superior court of Fulton county, Georgia, against E. T. Lamb as receiver of the Atlanta, Birmingham and Atlantic Kailroad Company, to recover a ‘ sum of money alleged to be the value of property delivered by him to the receiver in May, 1910, for transportation from Atlanta to Senoia, Georgia, which he claimed the receiver converted at Senoia, Georgia, by an unlawful delivery. In less than fifteen days the action would have been barred by the four-year statute of limitations. A general demurrer was interposed • by the defendant, on the ground…
2Cases cited22 opinions
- Dix v. DixSupreme Court of Georgia · 1909
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Citizens Banking Co. v. ParisSupreme Court of Georgia · 1904
- Rountree v. KeySupreme Court of Georgia · 1883
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Chance v. Planters Rural Telephone Cooperative, Inc.Supreme Court of Georgia · 1963
- McFarland v. McFarlandSupreme Court of Georgia · 1921
- Clark v. NewsomeSupreme Court of Georgia · 1935
- Cutliffe v. PryseSupreme Court of Georgia · 1938
- Birmingham Fire Insurance Co. of Pennsylvania v. Commercial Transportation, Inc.Supreme Court of Georgia · 1968
14 more not listed; retrieve them via the Exa API.