Home/Supreme Court of Georgia/Devereux v. Atlanta Railway & Power Co.

Devereux v. Atlanta Railway & Power Co.

36 S.E. 939, 111 Ga. 855, 1900 Ga. LEXIS 833
CourtSupreme Court of Georgia
DecidedAugust 7, 1900
StatusPublished
Cited by22 cases

This text of 36 S.E. 939 (Devereux v. Atlanta Railway & Power Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devereux v. Atlanta Railway & Power Co., 36 S.E. 939, 111 Ga. 855, 1900 Ga. LEXIS 833 (Ga. 1900).

Opinions

Simmons, C. J.

1. Section 2334 of the Civil Code requires all suits against railroad companies for damages to person or property to be brought in the county wherein the cause of action originates, with the sole exception that if the cause of action arises in a county where the company has no agent, the suit may be brought elsewhere. The sole jurisdictional fact being the place of the origin of the cause of action, and the statute not [856]*856superadding the further fact of the residence of an agent as one requisite to jurisdiction, it must be held that the scheme of the law is to make the jurisdiction exclusive in the county where the cause of action originates when there is such residence, but elective when there is not. It follows that the present action was well brought.

Argued June 20,— Decided August 7, 1900. Action for damages. Before Judge Candler. DeKalb superior court. December 12, 1899. Arnold & Arnold, for plaintiff. Goodwin & Hallman and G. P. Goree, for defendant.

2. While no question as to the manner of effecting service is presented by the bill of exceptions, a court with jurisdiction of the person and subject-matter of an action necessarily has the power to take proper steps to have service duly made.

Judgment reversed.

All the Justices concurring, except

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Campbell v. Department of Corrections
490 S.E.2d 99 (Supreme Court of Georgia, 1997)
Southern Railway Co. v. Lawson
329 S.E.2d 288 (Court of Appeals of Georgia, 1985)
Wallace v. Wallace
166 S.E.2d 718 (Supreme Court of Georgia, 1969)
Singuefield v. GENERAL OGLETHORPE HOTEL COMPANY
148 S.E.2d 92 (Court of Appeals of Georgia, 1966)
Atlanta-Asheville Motor Express v. Dooley
50 S.E.2d 822 (Court of Appeals of Georgia, 1948)
United Motor Freight Terminal Co. v. Driver
39 S.E.2d 496 (Court of Appeals of Georgia, 1946)
Lovett v. Sandersville Railroad Company
33 S.E.2d 905 (Supreme Court of Georgia, 1945)
White v. Glasgow
19 S.E.2d 305 (Supreme Court of Georgia, 1942)
Scott v. Scott
15 S.E.2d 416 (Supreme Court of Georgia, 1941)
Seminole County Board of Education v. American Insurance
180 S.E. 229 (Supreme Court of Georgia, 1935)
DeLoach v. Southeastern Greyhound Lines
176 S.E. 518 (Court of Appeals of Georgia, 1934)
Southern Lumber Co. v. Ramsey-Wheeler Co.
144 S.E. 349 (Court of Appeals of Georgia, 1928)
Export Insurance v. Womack
142 S.E. 851 (Supreme Court of Georgia, 1928)
Hutcheson Manufacturing Co. v. Chandler
116 S.E. 849 (Court of Appeals of Georgia, 1923)
Central of Georgia Railway Co. v. Alford
115 S.E. 771 (Supreme Court of Georgia, 1923)
Jefferson Fire Insurance v. Brackin
79 S.E. 467 (Supreme Court of Georgia, 1913)
Georgia Railroad & Banking Co. v. Bennefield
75 S.E. 981 (Supreme Court of Georgia, 1912)
United States Casualty Co. v. Newman
73 S.E. 667 (Supreme Court of Georgia, 1912)
Bracewell v. Southern Railway Co.
68 S.E. 98 (Supreme Court of Georgia, 1910)
Coakley v. Southern Railway Co.
48 S.E. 372 (Supreme Court of Georgia, 1904)

Cite This Page — Counsel Stack

Bluebook (online)
36 S.E. 939, 111 Ga. 855, 1900 Ga. LEXIS 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devereux-v-atlanta-railway-power-co-ga-1900.