Breed v. Mitchell
Supreme Court of Georgia
Attachment. Railroads. Carriers. Presumption. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. Mitchell sued out an attachment against Breed, as lessee of the Selma, Rome and Dalton Railroad Company, returnable to the nine hundred and nineteenth district, for the sum of $66 54. The defendant traversed the ground of attachment, claiming that Breed, as lessee, resided within the State of Georgia, and as such, was suable in the same manner as said…
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Attachment. Railroads. Carriers. Presumption. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. Mitchell sued out an attachment against Breed, as lessee of the Selma, Rome and Dalton Railroad Company, returnable to the nine hundred and nineteenth district, for the sum of $66 54. The defendant traversed the ground of attachment, claiming that Breed, as lessee, resided within the State of Georgia, and as such, was suable in the same manner as said railroad company could have been sued, had it not been in Breed’s hands, as lessee. The defendant pleaded the general issue,…
1Opinion of the Court
McCay, Judge.
1. Section 3199 of Irwin’s Revised Code gives in terms the right of attachment, if the debtor resides out of the State. Section 3330, whilst it does provide that the lessees of a railroad shall be liable to suit, as the company, does not repeal section 3199. That it does not do so in terms is plain, nor do we think it fair to say that it does so by implication. The great object of section 3199 was to make the lessees, however they might be scattered, or wherever they might live, suable in one place, and that place the same as was provided for suing the corporation Into whose…
2Cited by6 opinions
- Ohlen v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1907
- Wilensky v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911
- Williams v. East Tenn., Va. & Ga. Ry. Co.Supreme Court of Georgia · 1892
- Rome Electric Inc. v. Railway Express AgencyCourt of Appeals of Georgia · 1950
- Virginia Lumber Corp. v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1933
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