Hines v. Zellner
Court of Appeals of Georgia
Action for damages; from Monroe superior court — Judge Searcy. November 8, 1919. Pursuant to an act of Congress of August 29, 1916 (9 Fed.
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Action for damages; from Monroe superior court — Judge Searcy. November 8, 1919. Pursuant to an act of Congress of August 29, 1916 (9 Fed. Stat. Ann., 2d ed., 1095), which empowered the President, in time of war, to take possession and assume control of any system or systems of transportation and utilize them for the transportation of troops and materials of war, the President, on December 26, 1917, assumed control of the railroads of the United States and appointed as director-general of railroads William G-. McAdoo (then the secretary of the treasury). An act of March 21, 1918 (Fed. Stat.…
1Opinion of the CourtJenkins, P. J.
1. The first contention of the plaintiff in error is decided adversely to him in the recent ruling of the Supreme Court in Robinson v. Central of Ga. Ry. Co., 150 Ga. 41 (102 S. E. 532).
2. The act of Congress of March 21, 191?, and the rules promulgated by Federal authority in pursuance thereof, while limiting the interference of government control of railroads by prohibiting the enforcement of judgments and decrees through attachment or levy, did not intend either to extinguish or impair, but on the contrary expressly preserved, the rights of parties to prosecute to judgment, in the name of…
2Cases cited2 opinions
- Robinson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1920
- McAdoo v. MartinCourt of Appeals of Georgia · 1919
3Cited by5 opinions
- Hines v. BellahCourt of Appeals of Georgia · 1921
- Rose v. HinesCourt of Appeals of Georgia · 1920
- Davis v. McMillianCourt of Appeals of Georgia · 1922
- Geddes v. DavisIdaho Supreme Court · 1922
- Shiell v. DavisCourt of Appeals of Georgia · 1923