Murphy v. John S. Winter & Co. In Error
| Decision Date | 31 August 1855 |
| Docket Number | No. 98.,98. |
| Parties | John W. Murphy, plaintiff in error. vs. John S. Winter & Co. defendants in error. |
| Court | Georgia Supreme Court |
Debt and bail, in Troup Superior Court. Tried before Judge Bull, May Term, 1855.
This was an action of debt and bail, brought by J. S. Winter & Co. against John W. Murphy, on a due bill for $800.
At the trial on the appeal, Counsel for defendant moved the Court for a continuance, to allow him to file a plea to the jurisdiction of the Court, stating that the defendant resided in the State of Alabama, and was merely passing through Troup County when he was sued; that he did not know the reason of the absence of the defendant from Court; and that he had expected him to be present. The Court refused the continuance, and Counsel for defendant excepted.
Counsel for defendant then moved the Court to dismiss the bail, on the ground that the affidavit, to hold to bail, had been made by one Michaeloffsky, as agent for plaintiffs, he furnishing no other evidence of his agency for plaintiffs but his own declarations in the affidavit; and stating therein, " that one John W. Murphy, who, as deponent is advised and believes, is now (when the oath was taken) of the County of Troup, and owes plaintiffs the amount sued for, besides interest, which said amount is claimed to be due, " &c.
The Court over-ruled the motion, and Counsel for defendant excepted, and upon these exceptions errors have been assigned.
Bigham, for plaintiff in error.
B. H. Hill, for defendants in error.
By the Court.—Benning, J. delivering the opinion.
Can a citizen of Alabama be sued in this State, as he passes through it?
Undoubtedly he can. The second of the axioms of Huberus, as translated by Story, is: " that all persons whoare found within the limits of a government, whether their residence is permanent or temporary, are to he deemed subjects thereof." (Stor. Conf. Laws, §29, Note, 3.)
If he is liable to suit in the State, what county is it in which the suit is to be brought? That county in which he resides at the time when the suit is brought. And a citizen of another State, who is merely passing through this, resides, as he passes, wherever he is. Let him be sued, therefore, wherever he may, he will be sued where he resides.
The plaintiff in error, although a citizen of Alabama, was passing through the County of Troup, in this State, and whilst doing so, he was sued in Troup. He was liable to be sued in this State, and in Troup County of...
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Harry S. Peterson Co., Inc. v. National Union Fire Ins. Co.
...is asserted." Reeves, supra 121 Ga. at 563, 49 S.E. 674; Louisville, supra 66 Ga.App. at 493, 18 S.E.2d 51; compare Murphy v. John S. Winter & Co., 18 Ga. 690 (1855); Hutto v. Plagens, 254 Ga. 512, 513(1), 330 S.E.2d 341 (1985). "The jurisdiction of this state and its laws extend to all per......
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Burnham v. Superior Court of Cal.
...whilst doing so, he was sued in Troup. He was liable to be sued in this State, and in Troup County of this State." Murphy v. J.S. Winter & Co., 18 Ga. 690, 691-692 (1855). See also, e.g., Peabody v. Hamilton, 106 Mass. 217, 220 (1870) (relying on Story for the same principle); Alley v. Casp......
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Baisley v. Baisley
...to the jurisdiction of our courts; certainly so under the statutory provisions already cited. Mowry v. Chase, 100 Mass. 79; Murphy v. Winter & Co., 18 Ga. 690; 2 Freeman Judgments [4 Ed.] sec. 566. Again no authority goes to the extent of holding that a person going into another state may n......
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Guynn v. McDaneld
... ... Pr. 416; Pollard v. Union ... P. R. R., 7 Abb. Pr. 70; Murphey v. Winter, 18 ... Ga. 690; Page v. Randall, 6 Cal. 32; Capwell v ... Sipe, 17 R ... ...