Kiser v. Oglesby
Court of Appeals of Georgia
Action for damages; from city court of Hall county — Judge Hodges presiding. February 22, 1912. Kiser sued Oglesby in the city court of .Hall county for damages 'alleged to have been sustained by the plaintiff in consequence of the negligent operation of an automobile by the defendant.
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Action for damages; from city court of Hall county — Judge Hodges presiding. February 22, 1912. Kiser sued Oglesby in the city court of .Hall county for damages 'alleged to have been sustained by the plaintiff in consequence of the negligent operation of an automobile by the defendant. At the first trial the defendant filed a plea to the jurisdiction, averring that at the time of the commencement of the suit “the defendant resided in the county of Brooks in said State, and is now a resident of said county of Brooks, and is not a resident of the county of Hall, and that the courts of Brooks…
1Opinion of the CourtPottle, J.
1. “In all pleas to the jurisdiction of the court, it must appear that there is another court in this State which has jurisdiction of the ease.” Civil Code (1910), § 5666. The plea must allege “that another court in this State has jurisdiction.” Kahn v. Southern Loan Association, 115 Ga. 459. “It must appear in such a plea that there is another court in this State which has jurisdiction of the case.” Alters v. High Co., 122 Ga. 279 (50 S. E. 105). See, also, Ridling v. Stewart, 77 Ga. 539. The original plea in this case alleged that the courts of Brooks county had jurisdiction of the case.…
2Cases cited5 opinions
- Kahn v. Southern Building & Loan Ass'nSupreme Court of Georgia · 1902
- Smith v. SmithSupreme Court of Georgia · 1911
- Akers v. High Co.Supreme Court of Georgia · 1905
- Knight v. Bond & BrotherSupreme Court of Georgia · 1901
- Ridling v. StewartSupreme Court of Georgia · 1886
3Cited by4 opinions
- Swint v. SeiglerCourt of Appeals of Georgia · 1923
- Garrison v. McGuireCourt of Appeals of Georgia · 1966
- W. C. Caye & Co. v. DavidsonCourt of Appeals of Georgia · 1956
- Jackson v. TaylorCourt of Appeals of Georgia · 1934