Munson v. Houser
Court of Appeals of Georgia
Complaint for damages; from city court of Macon — Judge Hodges. September 10, 1910. The case came to this court on exceptions of Parrott, receiver of the Macon & Birmingham Bailway Company, to the overruling of his demurrer and motion to dismiss the plaintiffs’ petition. Mun-son, his successor as receiver, was afterwards made plaintiff in error.
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Complaint for damages; from city court of Macon — Judge Hodges. September 10, 1910. The case came to this court on exceptions of Parrott, receiver of the Macon & Birmingham Bailway Company, to the overruling of his demurrer and motion to dismiss the plaintiffs’ petition. Mun-son, his successor as receiver, was afterwards made plaintiff in error. The petition alleged: “That S. F. Parrott, as receiver of the Macon & Birmingham Bailway Company, has injured and damaged your petitioners in the sum of $1,000. “1. That the said S. F. Parrott was, by order of the honorable superior court of the…
1Opinion of the CourtHill, C. J.
1. Irrespective of whether the suit was one ex contractu or ex delicto, the venue was in Bibb county. Civil Code (1910), § 2798. ,
2. Suits against receivers, trustees, assignees, and other like officers, operating railroads in this State, or partially in this State, whether arising ex contractu or ex delicto, where the cause of action relates to injuries or damage to personal property, may be brought without first having obtained leave to sue from any court. Civil Code (1910), §§ 2788, 2789.
3. The judgment on the demurrer is fully controlled by the decision of the Supreme Court in Louisville…
2Cases cited9 opinions
- Central Railroad v. Pickett & BlairSupreme Court of Georgia · 1891
- Louisville & Nashville Railroad v. Warfield & LeeSupreme Court of Georgia · 1907
- Southern Express Co. v. PopeCourt of Appeals of Georgia · 1909
- Brooke v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1908
- Wright v. Southern Railway Co.Court of Appeals of Georgia · 1910
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3Cited by1 opinion
- Dowdell v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933