McClellan & Co. v. American Tie & Timber Co.
Supreme Court of Georgia
Equitable petition. Before Judge Parker. Pierce superior court. November 15, 1909. D. T. McClellan & Company instituted an action against the American Tie & Timber Company and R. R. Hobbs, who was alleged to be the agent of the defendant company. The suit was filed in Pierce county, where it was alleged Hobbs resided. The American Tie & Timber Company was alleged to be a corporation, with an office, place of business, and agency in Glynn county.
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Equitable petition. Before Judge Parker. Pierce superior court. November 15, 1909. D. T. McClellan & Company instituted an action against the American Tie & Timber Company and R. R. Hobbs, who was alleged to be the agent of the defendant company. The suit was filed in Pierce county, where it was alleged Hobbs resided. The American Tie & Timber Company was alleged to be a corporation, with an office, place of business, and agency in Glynn county. There was no allegation that the corporation had an office or place of business in Pierce county, though it was alleged that both of the defendants…
1Opinion of the CourtAtkinson, J.
If the venue was improperly laid in Pierce county, and it so appeared from the allegations of the petition, the court was without jurisdiction, and the judgment dismissing the suit on appropriate demurrer was proper. It affirmatively appears from the allegations that the residence of the American Tie <k Timber Company was in Glynn county, and that of the defendant Hobbs was in Pierce county; and the fact that Hobbs was suable in the latter county was relied upon to give jurisdiction also against the American Tie & Timber Company, which was alleged to be a joint wrong-doer. Hobbs was alleged…
2Cases cited2 opinions
- Baker v. DavisSupreme Court of Georgia · 1907
- Ashley v. CookSupreme Court of Georgia · 1900
3Cited by9 opinions
- Fowler v. Southern Airlines Inc.Supreme Court of Georgia · 1941
- Middleton v. WestmorelandSupreme Court of Georgia · 1927
- Flemming v. DrakeSupreme Court of Georgia · 1927
- Mills Lumber Co. v. MilamCourt of Appeals of Georgia · 1938
- Waldrop v. NolanSupreme Court of Georgia · 1941
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