Ellis v. Southern Express Co.
Ellis v. Southern Express Co.
Opinion of the Court
We are of the opinion that the first question should be answered in the affirmative. Section 2261 of the Civil Code of 1910, providing for service by publication, is sufficiently complied with where citation in cases where service upon corporations is to be perfected by publication is published in a newspaper in a county where suit is brought once a week for three weeks prior to the court to which the complaint is made returnable, though not during the week immediately preceding the term to which the case is returnable. In the ease of Proudfit v. Oliver, 150 Ga. 707 (105 S. E. 241), it was ruled: “Where in a security deed it was stipulated that a power of sale of the land conveyed could be exercised after advertising ‘once a week for four weeks prior to said date of
Assuming, because this is a suit against an express company, that the corporation referred to in the second question is an express company, that question is answered in the affirmative; that is, a domestic corporation with its principal office fixed by its charter in Richmond County, Georgia, can be sued in Bibb County, Georgia, though at the time of the suit it had no office, agent, or agency in Bibb County and was not transacting business there. The conclusion announced follows necessarily from the plain provisions, of section 2385 of the Civil Code. That section reads as follows: “The court sitting in the county where goods are received for shipment, or where goods are to be delivered, shall have jurisdiction over all express companies which now do or may hereafter do business in this State, and the judgment shall bind all the property of said companies.” In the case of Sprinkle Distilling Co. v. Southern Express Co., 141 Ga. 21 (80 S. E. 288), it was said: “The proceeding by mandamus is a civil action, and, when brought against an express company, a domestic corporation, to compel it to receive goods for transportation over its line, must be instituted in the county of the company’s domicile, that is, where its principal place of doing business is located.” But that ruling related to man
The ruling made in headnote 3 requires no elaboration; the statute itself compels the answer. Park’s Ann. Code, § 4335, and annotations.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.