O.C.G.A.

O.C.G.A. § 46-8-311 (2019)

Manner of service of process on lessee of railroad

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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When any person is sued as the lessee of a railroad, service of a petition, summons, or other process may be effected by delivering a copy thereof to the depot agent or other officer of such lessee in the county where the action is pending, or by leaving a copy at the place where the usual and ordinary public business of such lessee in said county is transacted.

History

(Ga. L. 1884-85, p. 49, § 2; Civil Code 1895, § 2336; Civil Code 1910, § 2800; Code 1933, § 94-1103.)

Annotations

JUDICIAL DECISIONS Single service though defendant sued in double capacity. - Where a corporation is sued in its corporate name generally, and also as lessee of another corporation, for a tort committed jointly by the corporation

individually and as lessee, service of process properly made upon an agent of the corporation is good against it in both capacities. Snipes v. Atlanta & W.P.R.R., 7 Ga. App. 700, 67 S.E. 1046 (1910).

RESEARCH REFERENCES Am. Jur. 2d. - 19 Am. Jur. 2d, Corporations, §§ 2192, 2194. 62B Am. Jur. 2d, Process, §§ 108, 109.

C.J.S. - 72 C.J.S., Process, § 29. 74 C.J.S., Railroads, § 69 et seq.