Supreme Court of Georgia, 1897

Southern Railway Co. v. Hagan

Southern Railway Co. v. Hagan
Supreme Court of Georgia · Decided December 21, 1897 · Fish
103 Ga. 564; 29 S.E. 760; 1897 Ga. LEXIS 433
Southern Railway Co. v. Hagan

Cases that cite this one

8 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Fish, J.

1. The law requiring service of a summons of garnishment directed tó a corporation to be made upon “the agent in charge of the office or business of the corporation in the county or district at the time of service, ’ ’ it follows that the return of an officer, merely stating that he had served a named railway company with a summons of garnishment “ by serving [a designated person], supt., personally” therewith, without describing this person as the agent in charge of the office or business of the company, in the county or district wherein the service was made, will not afford a basis for entering a judgment against the company for failure to answer. Civil Code, § 4710; Hargis v. Railway Co., 90 Ca. 42.

Argued December 14, Decided December 21, 1897.Petition for certiorari. Before Judge Lumpkin. Fulton county. June 23, 1897.Dorsey, Brewster & Howell and Arthur Heyman, for plaintiff in error. Alexander & Victor Smith, contra.

2. This court can not take judicial cognizance of the nature of the duties required of the superintendent of a railway company in any particular town or city. Judgment reversed.'

All concurring, except Cobb, J., disqualified, .

Case-law data current through December 31, 2025. Source: CourtListener bulk data.