Arnold v. Atlanta Oil & Fertilizer Co.
Court of Appeals of Georgia
Complaint; from city court of Atlanta — Judge Reid. March 27, 1912. The Atlanta Oil & Fertilizer Company sued J. W. Arnold Jr. .and E. C. Arnold, as principal makers, and W. C. Thompson as .surety, on a promissory note payable to the plaintiff. The suit was brought in the city court of Atlanta.
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Complaint; from city court of Atlanta — Judge Reid. March 27, 1912. The Atlanta Oil & Fertilizer Company sued J. W. Arnold Jr. .and E. C. Arnold, as principal makers, and W. C. Thompson as .surety, on a promissory note payable to the plaintiff. The suit was brought in the city court of Atlanta. Before pleading to the merits, J. W. Arnold Jr. and E. C. Arnold, at the appearance term, filed a plea to the jurisdiction of the court, alleging that they were, at the time of the filing of- the suit, and still are, residents of Walton county, Georgia; that the city court of Monroe, in Walton county,…
1Opinion of the CourtRussell, J.
(After stating the facts). 1. This court is of the opinion that the plea to the jurisdiction was sufficient, as against the general motion to strike, filed at the trial term. We all agree that it was defective in form and would have been subject to a timely special demurrer. We do not think that the payee of a note has the right, without the knowledge or consent of the maker and over his objection, to procure tne accommodation indorsement of a person residing in a county other than that in which the maker lives, for the sole purpose of obtaining jurisdiction of the person of the maker in the…
2Cases cited1 opinion
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
3Cited by1 opinion
- Federal Reserve Bank v. LaneCourt of Appeals of Georgia · 1926