Mississippi Central Railroad v. Plant
Supreme Court of Georgia
Attachment. Corporations. Amendment. Before Judge Tompkins. Richmond Superior Court. October Term, 1876. On March llth, 1876, Plant sued out an attachment against the Mississippi Central Railroad Company for $20,-000.00, which was leyied upon two hundred and thirty-seven shares of stock in the Southern Express Company.
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Attachment. Corporations. Amendment. Before Judge Tompkins. Richmond Superior Court. October Term, 1876. On March llth, 1876, Plant sued out an attachment against the Mississippi Central Railroad Company for $20,-000.00, which was leyied upon two hundred and thirty-seven shares of stock in the Southern Express Company. The suit was based on a promissory 'note for $32,000.00, dated May 2d, 1866, payable tó the order of Plant, president of the-Southern Express Company, and signed “For the Mississippi Central Railroad Company, W. F. Mason, treasurer.” In the declaration which was filed, the…
1Opinion of the Court
Bleckley, Judge.
1. Though the debtor be a corporation, the affidavit in attachment need not describe it as a .corporation, (55 Ga. 672,) nor allege where or by what authority it was incorporated, residence beyond the limits of this state being alleged according to the Code, §§3264, 3265.
2. When the declaration in attachment is on a promissory note, the plaintiff cannot amend by adding a count on a judgment rendered on the same note in another state, after the attachment here was sued out and the declaration filed. The judgment is a new and distinct cause of action. 3 Kelly 426 ; Code, §3480.
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2Cases cited1 opinion
- J. Ben. Wilson & Co. v. Sprague Mowing Machine Co.Supreme Court of Georgia · 1876
3Cited by4 opinions
- Parramore v. AlexanderSupreme Court of Georgia · 1909
- Underwood v. UnderwoodSupreme Court of Georgia · 1913
- Stephens v. Bibb Investment Co.Court of Appeals of Georgia · 1936
- Lawrence v. Lee's Department StoreCourt of Appeals of Georgia · 1934