Legal Opinion

Woodburn v. Western Union Telegraph Co.

Supreme Court of Georgia

Decided June 10, 1895PublishedCited by 12 opinions

Action for penalty. Before Judge Smith. Wilcox superior court. December term, 1894.

1Opinion of the Court

Simmons, Chief Justice.

This was an action against the telegraph company to recover the penalty for failure to transmit and deliver a dispatch with due diligence, as provided by the act of Oct. 22, 1887, and the amendatory act of December 20, 1892. Pending the action these acts were repealed by the act of December 17, 1894. • The repealing statute makes no provision as to pending suits; and the question now to be determined is, whether the suit abated by reason of this act. We think the case is controlled by the decision of this court in Bank of St. Mary’s v. The State, 12 Ga. 475. That was an…

2Cases cited3 opinions

  1. Western Union Telegraph Co. v. TaylorSupreme Court of Georgia · 1890
  2. Bank of St. Mary's v. StateSupreme Court of Georgia · 1853
  3. Western Union Telegraph Co. v. NunnallySupreme Court of Georgia · 1891

3Cited by12 opinions

  1. Spengler v. Employers Commercial Union InsuranceCourt of Appeals of Georgia · 1974
  2. Kelly v. HallSupreme Court of Georgia · 1941
  3. Clary v. StateCourt of Appeals of Georgia · 1979
  4. Western Union Telegraph Co. v. SmithSupreme Court of Georgia · 1895
  5. State Highway Department v. CalhounCourt of Appeals of Georgia · 1966

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