Davenport v. Petroleum Delivery Service of Georgia, Inc.

Bell, Chief Judge.

This action, sounding in tort, was brought against defendant corporation in Forsyth County where it conducted its only place of business. The tort occurred in DeKalb County. Defendant was originally incorporated in Fulton County and designated an office and agent in Atlanta. Prior to the filing of this action, the agent resigned and notified the secretary of state. Defendant did not designate a new agent and office. Defendant moved to dismiss the action for improper venue, which motion was granted. Held:

Plaintiff urges that a corporation may be sued in the county in which it…