Tuggle v. Enter. Lumber Co
| Decision Date | 17 June 1905 |
| Parties | TUGGLE. v. ENTERPRISE LUMBER CO. |
| Court | Georgia Supreme Court |
Corporations—Action for Trespass—Venue.
A private business corporation created under the laws of this state, with its principal office in a given county, cannot be sued in another county for a trespass committed therein when it has no agent, agency, or place of business in the latter county.
(Syllabus by the Court.)
Error from Superior Court, Irwin County; D. M. Roberts, Judge.
Action by W. R. Tuggle against the Enterprise Lumber Company. Judgment for defendant, and plaintiff brings error. Affirmed.
Ellis, Wimbish & Ellis, for plaintiff in error.
W. S. Florence and McDonald & Quincey, for defendant in error.
FISH, P. J. W. R. Tuggle, as administrator de bonis non of the estate of Robert Tuggle, deceased, brought an action for damages in the superior court of Irwin county against the Enterprise Lumber Company for alleged cutting by the defendant company of timber on land in that county belonging to the estate of plaintiff's intestate. The petition alleged the defendant company to be a corporation of this state, with its principal office in Fulton county. Service was made by serving copy of second original issued from the superior court of Irwin county on the vice president and general manager of the defendant company at its place of business, in Fulton county. The defendant demurred to the petition on the ground that it showed on its face that the court had no jurisdiction of the defendant or of the cause of action, as it was alleged that the defendant was a domestic corporation, with its principal place of business in the county of Fulton, and that the petition failed to allege that at the time the timber was alleged to have been cut, or at the time suit was filed, or at any time, it had an office and transacted business in Irwin county, or at any time had an agent or place of business in that county. The demurrer was sustained, and the case dismissed. Plaintiff excepted to this ruling.
The single question presented for decision is one of law, which may be stated as follows: Can a private business corporation created under the laws of this state, with its principal office in Fulton county, be sued in Irwin county for a trespass committed in the latter county, when it does not appear that the corporation sued has ever had an agent or agency or place of business therein? The solution of the question depends upon the proper construction of section 1900 of the Civil Code of 1895, which provides: ...
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Hutcheson Mfg. Co v. Chandler
...at which a copy of the writ might be left Central Georgia Power Co. v. Parnell, 11 Ga. App. 779 (1), 76 S. E. 157; Tuggle v. Enterprise Lumber Co., 123 Ga. 480, 51 S. E. 433. Clearly this was no case for service by publication under section 2261 of the Civil Code, for there were officers in......
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Hutcheson Mfg. Co. v. Chandler
... ... Central Georgia Power Co. v. Parnell, 11 Ga.App. 779 ... (1), 76 S.E. 157; Tuggle v. Enterprise Lumber Co., ... 123 Ga. 480, 51 S.E. 433 ... Clearly ... this ... ...
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Ford Motor Co. v. Carter
...the court has jurisdiction of the subject matter and the person in this instance, if properly served. See Tuggle v. Enterprise Lumber Co., 123 Ga. 480, 51 S.E. 433; Stinnett v. Ellis, 121 Ga.App. 279, 173 S.E.2d 454; Orkin Exterminating Company v. Gilland, 130 Ga.App. 788, 204 S.E.2d 469. T......
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Padrick v. M.C. Kiser Co.
... ... unless it had an office and transacted business there ... Tuggle v. Enterprise Lumber Co., 123 Ga. 480, 51 ... S.E. 433. It was not enough that the defendant may ... ...