Georgia Railway & Power Co. v. Davis
Court of Appeals of Georgia
Action for damages; from city court of Carrollton — Judge Beall. October 22, 1913. H. L. Davis brought suit in the city court of Carrollton against the Georgia Bailway and Power Company, claiming damages. The following entry of service appears on the original declaration: "Georgia, Carroll County.
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Action for damages; from city court of Carrollton — Judge Beall. October 22, 1913. H. L. Davis brought suit in the city court of Carrollton against the Georgia Bailway and Power Company, claiming damages. The following entry of service appears on the original declaration: "Georgia, Carroll County. I have this day served the defendant, the Georgia Bailway & Power Co., a corporation, by serving J. G. Cheney, its agent in charge of its office and business in said county, by leaving a copy of the within writ and process with its agent, the said J. G. Cheney, at the office and place of doing…
1Opinion of the CourtWade, J.
1. If the allegation, in the defendant’s plea, to the effect that its domicile was in the County of Fulton, State of Georgia, “where due and legal service may be obtained,” was intended as a plea to the jurisdiction, -it fell short of the necessary requirement of the Civil Code, § 5666, which declares that “in all pleas to the jurisdiction of the court, it must appear therein that there is another court in this State which has jurisdiction of the case.” The code section is plain, and the point has often been ruled on explicitly by the Supreme Court. See Kahn v. Southern Building & Loan Asso.,…
2Cases cited13 opinions
- Bell v. New Orleans & Northeastern RailroadCourt of Appeals of Georgia · 1907
- Southern Railway Co. v. CookSupreme Court of Georgia · 1899
- Pyron & Son v. RuohsSupreme Court of Georgia · 1904
- Sanford v. BatesSupreme Court of Georgia · 1896
- Southern Express Co. v. National BankCourt of Appeals of Georgia · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
- Rawlings v. BrownCourt of Appeals of Georgia · 1914
- Southern States Phosphate & Fertilizer Co. v. ClarkCourt of Appeals of Georgia · 1917
- Clements v. Sims T v. Inc.Court of Appeals of Georgia · 1962
- Producers Naval Stores Co. v. BrewtonCourt of Appeals of Georgia · 1916
7 more not listed; retrieve them via the Exa API.