Del-Cook Timber Co. v. Brown

Court of Appeals of Georgia

Del-Cook Timber Co. v. Brown

183 S.E.2d 81, 124 Ga. App. 67, 1971 Ga. App. LEXIS 814

Court of Appeals of Georgia·Decided June 16, 1971·No. 46078·Published

Opinion

Hall, Presiding Judge.

Defendant corporation appeals from the denial of its motion to be dismissed for improper venue as it was neither chartered nor had any office, agent or place of business in Wilcox County where this suit for trespass to property was brought.

Whether or not the other defendant in this action was an independent contractor or an employee of appellant, it is undisputed that he is a resident of Wilcox County. As the petition alleges facts which state a claim against the defendants as joint tortfeasors, the venue is proper under Code Ann. *§3-204. See also Southern Pine Products v. Waller, 122 Ga. App. 288 (176 SE2d 631).

Judgment affirmed.

Eberhardt and Whitman, JJ., concur.

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Hall, Presiding Judge.

Defendant corporation appeals from the denial of its motion to be dismissed for improper venue as it was neither chartered nor had any office, agent or place of business in Wilcox County where this suit for trespass to property was brought.

Whether or not the other defendant in this action was an independent contractor or an employee of appellant, it is undisputed that he is a resident of Wilcox County. As the petition alleges facts which state a claim against the defendants as joint tortfeasors, the venue is proper under Code Ann. *§3-204. See also Southern Pine Products v. Waller, 122 Ga. App. 288 (176 SE2d 631).

Judgment affirmed.

Eberhardt and Whitman, JJ., concur.

Del-Cook Timber Co. v. Brown, 183 S.E.2d 81, 124 Ga. App. 67, 1971 Ga. App. LEXIS 814 (Ga. Ct. App. 1971).

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Opinion

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