Ocilla Southern Railroad v. McAllister
Court of Appeals of Georgia
Action for damages; from Wilcox superior court—Judge Crum. February 23, 1917. The demurrer was on the grounds: (1) The petition sets forth no cause of action. (2) Taking the allegations of fact contained in said petition as true, no valid judgment could be rendered in this court against this defendant. (3-4)- The petition is not addressed to any court, and no process returnable to this court is . prayed for.
1Opinion of the CourtWade, C. J.
1. The plaintiff’s petition was headed, “State of Georgia, County of Wilcox,” and was filed in the office of the clerk of the superior court of that county, but was not addressed to the superior court or any court. It prayed for process requiring the defendant to appear at the next term of “this court.” Attached to it was a process with the caption, “State of Georgia, Wilcox County,” bearing teste in the name of the judge of the superior court of Wilcox county and signed by the clerk of that court, requiring the defendant to be and appear “at the next superior court to be held in and for said…
2Cases cited10 opinions
- Atlantic Coast Line Railroad v. CookCourt of Appeals of Georgia · 1909
- Kelly v. FudgeCourt of Appeals of Georgia · 1907
- Summers v. Southern Railway Co.Supreme Court of Georgia · 1903
- White v. Atlanta, Birmingham & Atlantic RailroadCourt of Appeals of Georgia · 1908
- Georgia Southern & Florida Railway Co. v. PritchardSupreme Court of Georgia · 1905
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3Cited by8 opinions
- Dutton v. FreemanSupreme Court of Georgia · 1957
- Burton v. Wadley Southern Railway Co.Court of Appeals of Georgia · 1920
- Stone v. COLONIAL CREDIT COMPANYCourt of Appeals of Georgia · 1956
- Gamble v. ShinglerCourt of Appeals of Georgia · 1918
- Payne v. ChamblissCourt of Appeals of Georgia · 1921
3 more not listed; retrieve them via the Exa API.