Southern Lumber Co v. Ramsey-wheeler Co

• Decision Date: 29 August 1928
• Docket Number: (No. 18360.)
• Citation: 38 Ga.App. 481,144 S.E. 349
• Parties: SOUTHERN LUMBER CO. v. RAMSEY-WHEELER CO.
• Court: Georgia Court of Appeals

38 Ga.App. 481

144 S.E. 349

SOUTHERN LUMBER CO.

v.RAMSEY-WHEELER CO.

(No. 18360.)

Court of Appeals of Georgia,

Division No. 2.

Aug. 29, 1928.

(Syllabus by Editorial Staff.)

Error from City Court of Hinesville; W. C. Hodges, Judge.

Action by the Ramsey-Wheeler Company against the Southern Lumber Company. Judgment for plaintiff, defendant's motion to dismiss suit for want of service was overruled, and defendant brings error. Affirmed.

J. P. Dukes, of Pembroke, for plaintiff in error.

O. C. Darsey, of Hinesville, and Edwin A. Cohen, of Savannah, for defendant in error.

Syllabus Opinion by the Court.

STEPHENS, J. [1] 1. Section 2259 of the Civil Code of 1910, codifying an act of 1885, which provides that suits ex contractu against corporations may be brought in the county in which the contract sued on was made or is to be performed, if the corporation has an office and transacts business in the county, does not repeal but is cumulative only of the general provisions of law that suits against domestic corporations, including suits ex contractu, may be brought within the county where, by the charter of the corporation, its principal office is located. See, in this connection, Watson v. Richmond & Danville Railroad Co., 91 Ga. 222, 18 S. E. 306; General Reduction Co. v. Tharpe, 11 Ga. App. 334, 75 S. E. 339; Jossey v. Georgia & Alabama Railway Co., 102 Ga. 706, 28 S. E. 273; Central of Georgia Railway Co. v. State of Georgia, 104 Ga. 831, 31 S. E. 531, 42 L. R. A. 518; McCandless v. Inland Acid Co., 115 Ga. 968 (3), 42 S. E. 449; Case Threshing Machine Co. v. Thurmond, 144 Ga. 21, 85 S. E. 1020; Civil Code 1910, § 6543.

2. Where there is no agency or agent within the county in which by the charter of a domestic corporation its principal office is located upon whom service can be perfected in the county, service of a suit brought against the domestic corporation in such county may be perfected by service of a second original of the petition in any other county in the state wherein the corporation has an agency or an agent upon whom service can be perfected. Hutcheson Manufacturing Co. v. Chandler, 29 Ga. App. 726, 116 S. E. 849; Central Georgia Power Co. v. Parnell, 11 Ga. App. 779, 76 S. E. 157; Tuggle v. Enterprise Lumber Co., 123 Ga. 480, 51 S. E. 433; Devereux v.' Atlanta Railway Co., 111 Ga. 855, 36 S. E. 939; Coakley v. Southern Railway Co., 120 Ga. 960, 48 S. E. 372.

3. This being a suit ex contractu against a corporation, brought within the county of Liberty...