Central of Georgia Railway Co. v. Gwynes
Supreme Court of Georgia
The Court of Appeals (in Case No. 12572) propounded the following question as necessarily to be answered for a proper decision of the case: "Where a suit was brought in a justice’s court against a railroad corporation for damages, and the railroad corporation filed an answer denying liability, and on the trial of the case evidence was submitted and a verdict and judgment rendered against the railroad company, and no evidence was offered in behalf of the defendant, was it too…
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The Court of Appeals (in Case No. 12572) propounded the following question as necessarily to be answered for a proper decision of the case: "Where a suit was brought in a justice’s court against a railroad corporation for damages, and the railroad corporation filed an answer denying liability, and on the trial of the case evidence was submitted and a verdict and judgment rendered against the railroad company, and no evidence was offered in behalf of the defendant, was it too late, on certiorari, for the railroad company to set up that the judgment in the justice’s court was contrary to law…
1Opinion of the CourtAtkinson, J.
The question concedes in effect that Federal control under the provisions of the act of Congress was proper matter for judicial cognizance; and the sole inquiry is whether it was not necessary for the railroad company to make the point in the justice’s court; and having failed to do so, was it not too late to insist upon it for the first time on certiorari?
In the Civil Code (1910), § 5734, it is declared: “The existence and territorial extent of States, their forms of government, and symbols of nationality, the laws of nations, and general customs of merchants, the admiralty and maritime…
2Cases cited18 opinions
- Jones v. United StatesSupreme Court of the United States · 1890
- New York Indians v. United StatesSupreme Court of the United States · 1898
- Rogers v. CadyCalifornia Supreme Court · 1894
- Harvey v. Territory of OklahomaSupreme Court of Oklahoma · 1901
- Kersten Ex Rel. Kersten v. HinesSupreme Court of Missouri · 1920
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3Cited by14 opinions
- Pueblo v. Sucesión ValdésSupreme Court of Puerto Rico · 1922
- Stephens v. ReidSupreme Court of Georgia · 1939
- Goldenberg v. Village of CapitanNew Mexico Supreme Court · 1948
- Capitol Distributing Co. v. StateCourt of Appeals of Georgia · 1951
- Outdoor Systems, Inc. v. Cobb CountySupreme Court of Georgia · 2001
9 more not listed; retrieve them via the Exa API.