Southern Railway Co. v. Griffler
Court of Appeals of Georgia
Action for damages; from DeKalb superior court — Judge Hutcheson. September 9, 1921. Griffler brought suit against the Southern Eailway Company in DeKalb superior court. The petition alleged that the said railway company had “ an office and agent and a place of business in DeKalb county, Georgia.” Process was issued and a copy of the petition and process was served upon a certain person as “ the agent in charge of the office at Chamlee, Georgia, DeKalb county.”
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Action for damages; from DeKalb superior court — Judge Hutcheson. September 9, 1921. Griffler brought suit against the Southern Eailway Company in DeKalb superior court. The petition alleged that the said railway company had “ an office and agent and a place of business in DeKalb county, Georgia.” Process was issued and a copy of the petition and process was served upon a certain person as “ the agent in charge of the office at Chamlee, Georgia, DeKalb county.” A traverse to this return of service was sustained. The plaintiff then procured an order which provided that “ a second original be…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) In Caldwell v. Alexander Seed Co., 17 Ga. App. 571 (87 S. E. 843), this court, citing the cases of Powell v. Perry, 63 Ga. 417, Hill v. Hatcher, 53 Ga. 291, Callaway v. Harrold, 61 Ga. 112; Hillyer v. Pearson, 118 Ga. 817 (45 S. E. 701), quoted and approved as the law the syllabus in the ease of Strauss v. Owens, 6 Ga. App. 415 (65 S. E. 161): “Where a second original is issued for the purpose of serving a defendant residing in a county other than that in which the suit is pending, the process therein should be directed to the sheriff of the county in…
Also in this document: Concurrence.
2Cases cited5 opinions
- Hillyer v. PearsonSupreme Court of Georgia · 1903
- Powell v. PerrySupreme Court of Georgia · 1879
- Strauss Bros. v. OwensCourt of Appeals of Georgia · 1909
- Caldwell v. Alexander Seed Co.Court of Appeals of Georgia · 1916
- Hill v. HatcherSupreme Court of Georgia · 1874
3Cited by4 opinions
- Griffler v. Southern Railway Co.Court of Appeals of Georgia · 1923
- Wynn v. MaddoxCourt of Appeals of Georgia · 1924
- Foster v. HillCourt of Appeals of Kentucky (pre-1976) · 1940
- Freeman v. Blount Carriage & Buggy Co.Court of Appeals of Georgia · 1923