Weaver v. Alabama Great Southern R. Co.
Supreme Court of Alabama
Appeal from Chancery Court, De Kalb-County; J. E, Blackwood, Chancellor. Bill by the Alabama Great Southern Railroad Company, an Alabama corporation, against Walter .Weaver, a resident of De Kalb county, Ala., to enjoin the prosecution by respondent of an action for damages agains£ complainant in the city court of Atlanta, Ga. From an order granting a temporary writ, respondent appeals.
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Appeal from Chancery Court, De Kalb-County; J. E, Blackwood, Chancellor. Bill by the Alabama Great Southern Railroad Company, an Alabama corporation, against Walter .Weaver, a resident of De Kalb county, Ala., to enjoin the prosecution by respondent of an action for damages agains£ complainant in the city court of Atlanta, Ga. From an order granting a temporary writ, respondent appeals. The injury for which respondent is suing - in the Georgia court was the result oí a collision between complainant’s train and respondent’s automobile, at a public road crossing in De Kalb county, Ala., and the…
1Opinion of the CourtSomerville, J.
[1] It is well settled that the courts of one state may take jurisdiction of a transitory cause of action originating in another state, when the defendant has been locally found and served, even though both parties are at the time domiciliary residents of the foreign state. Eingartner v. Illinois Steel Co., 94 Wis. 70, 68 N. W. 664, 34 L. R. A. 503, 59 Am. St. Rep. 859, and note, 869; Tenn. Coal Co. v. George, 233 U. S. 354, 34 Sup. Ct. 587, 58 L. Ed. 997, L. R. A. 1916D, 685.
In this case it is not denied by complainant that the city court of Atlanta, Ga., has acquired jurisdiction of the…
2Cases cited21 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Tennessee Coal, Iron & Railroad v. GeorgeSupreme Court of the United States · 1914
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex rel. Bossung v. District Court of Hennepin CountySupreme Court of Minnesota · 1918
- Wabash Railway Co. v. PetersonSupreme Court of Iowa · 1919
- Lancaster v. DunnSupreme Court of Louisiana · 1922
- Union Pacific Railroad v. RuleSupreme Court of Minnesota · 1923
- Hall v. MilliganSupreme Court of Alabama · 1930
12 more not listed; retrieve them via the Exa API.