O'Neal Steel, Inc. v. Smith

Court of Appeals of Georgia

O'Neal Steel, Inc. v. Smith

172 S.E.2d 479, 121 Ga. App. 8, 1970 Ga. App. LEXIS 1073

CourtCourt of Appeals of Georgia

DecidedJanuary 8, 1970

Docket44545

StatusPublished

Cited by4 cases

This text of 172 S.E.2d 479 (O'Neal Steel, Inc. v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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O'Neal Steel, Inc. v. Smith, 172 S.E.2d 479, 121 Ga. App. 8, 1970 Ga. App. LEXIS 1073 (Ga. Ct. App. 1970).

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Opinion

Eberhakdt, Judge.

Certiorari having been granted by the Supreme Court to our judgment in O’Neal Steel, Inc. v. Smith, 120 Ga. App. 106 (169 SE2d 827), 1 and that court having remanded the case to us for disposition in compliance with a ruling made by it in Bauer International Corp. v. Cagles, Inc., 225 Ga. 684 (171 SE2d 314), our judgment of July 1, 1969, is hereby vacated. But nevertheless the judgment of the trial court is reversed in accord with the holding in Bauer that the word “nonresident” as used in the “Long Arm Statute” (Ga. L. 1966, p. 343) did not, prior to April 12, 1968, the effective date of the amendment of 1968 (Ga. L. 1968, pp. 1419, 1420; Code Ann. § 24-117), authorize service thereunder upon corporations, for that the amendment, by its own terms is not to be given retrospective effect. See also Buckhead Doctors’ Bldg., Inc. v. Oxford Finance Companies, Inc., 120 Ga. App. 516 (171 SE2d 365). It appears that if there is a cause of action here it arose about November 3, 1966, and that this suit is against a corporation. Consequently, defendant’s attack upon the service of process under the “Long Arm Statute” and upon the jurisdiction of the court should have been sustained.

Judgment reversed.

Bell, C. J., and Deen, J., concur.

1

See and compare Columbia Nitrogen Corp. v. Struthers Well Corp. (S.D. Ga. Dec. 1969) F. Supp.

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Eberhakdt, Judge.

Certiorari having been granted by the Supreme Court to our judgment in O’Neal Steel, Inc. v. Smith, 120 Ga. App. 106 (169 SE2d 827), 1 and that court having remanded the case to us for disposition in compliance with a ruling made by it in Bauer International Corp. v. Cagles, Inc., 225 Ga. 684 (171 SE2d 314), our judgment of July 1, 1969, is hereby vacated. But nevertheless the judgment of the trial court is reversed in accord with the holding in Bauer that the word “nonresident” as used in the “Long Arm Statute” (Ga. L. 1966, p. 343) did not, prior to April 12, 1968, the effective date of the amendment of 1968 (Ga. L. 1968, pp. 1419, 1420; Code Ann. § 24-117), authorize service thereunder upon corporations, for that the amendment, by its own terms is not to be given retrospective effect. See also Buckhead Doctors’ Bldg., Inc. v. Oxford Finance Companies, Inc., 120 Ga. App. 516 (171 SE2d 365). It appears that if there is a cause of action here it arose about November 3, 1966, and that this suit is against a corporation. Consequently, defendant’s attack upon the service of process under the “Long Arm Statute” and upon the jurisdiction of the court should have been sustained.

Judgment reversed.

Bell, C. J., and Deen, J., concur.

1

See and compare Columbia Nitrogen Corp. v. Struthers Well Corp. (S.D. Ga. Dec. 1969) F. Supp.

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172 S.E.2d 479, 121 Ga. App. 8, 1970 Ga. App. LEXIS 1073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-steel-inc-v-smith-gactapp-1970.

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