Campbell v. Jim Walter Homes, Inc.

Decision Date12 November 1976
Docket NumberNo. 53050,No. 3,53050,3
Citation231 S.E.2d 450,140 Ga.App. 435
CourtGeorgia Court of Appeals
PartiesD. E. CAMPBELL et al. v. JIM WALTER HOMES, INC

Ronald L. Davis, Cartersville, for appellants.

Edwin F. Hunt, Atlanta, for appellee.

DEEN, Presiding Judge.

Code Ann. § 81A-108(a) requires an original complaint to contain facts upon which the court's venue depends. As a general rule a corporation must generally be sued in the county of its principal office or place of business. Code § 2-4906. The complaint here does not allege that Floyd County is the appellee's principal place of business. Code Ann. § 22-404(c) authorizes venue in suits against corporations on contracts in that county in which the contract was made or is to be performed if it has an office and transacts business in that county. In the complaint here there is an allegation that the appellee is transacting business in Floyd County and the appellee admits it has an office there; however, there is no allegation that the contract upon which suit is brought was made there or is to be performed there.

Since Code Ann. § 81A-108(a) requires a complaint to contain facts upon which the court's venue depends and the appellee has...

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4 cases
  • Summer-Minter & Associates v. Phillips, SUMMER-MINTER
    • United States
    • Georgia Court of Appeals
    • June 20, 1984
    ... ...         General Capital Funding, Inc. entered into a contract for the sale of a building located ... 550, 163 S.E.2d 885 (1968); Campbell v. Jim Walter Homes, 140 Ga.App ... 435, 231 S.E.2d 450 ... ...
  • Associated Distributors, Inc. v. McBee
    • United States
    • Georgia Court of Appeals
    • November 12, 1976
  • Peacock v. National Bank & Trust Co. of Columbus
    • United States
    • Georgia Supreme Court
    • April 3, 1978
    ...showing undisputed facts proving lack of venue in Harris County, the judgment of dismissal is affirmed. Campbell v. Jim Walter Homes, Inc., 140 Ga.App. 435, 231 S.E.2d 450 (1976); Williamson v. Perret's Farms, Inc., 128 Ga.App. 687(2), 197 S.E.2d 754 (1973) and cits. The dismissal as to Jud......
  • Jones v. Woods, 61704
    • United States
    • Georgia Court of Appeals
    • April 28, 1981
    ...81A-108(a)(1), it is subject to dismissal. See Chancey v. Hancock, 225 Ga. 715, 716, 171 S.E.2d 302 (1969); Campbell v. Jim Walter Homes, Inc., 140 Ga.App. 435, 231 S.E.2d 450 (1976); Morgan v. Berry, 152 Ga.App. 623, 263 S.E.2d 508 (1979); Fosgate v. Amer. Mut. Liab. Ins. Co., 154 Ga.App. ......

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