O.C.G.A.

O.C.G.A. § 46-9-234 (2019)

Venue; binding effect of judgment

✓ 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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The superior court of the county where goods are received for shipment by an express company doing business in this state or the superior court of the county where goods are to be delivered by such a company, shall have jurisdiction over that company, and the judgment shall bind all the property of that company.

History

(Ga. L. 1862-63, p. 162, § 2; Ga. L. 1865-66, p. 222, § 1; Code 1868, § 3333; Code 1873, § 3410; Code 1882, § 3410; Civil Code 1895, § 2004; Civil Code 1910, § 2385; Code 1933, § 41-201.)

Annotations

Law reviews. - For note discussing problems with venue in Georgia, and proposing

statutory revisions to improve the resolution

of venue questions, see 9 Ga. St. B.J. 254 (1972). JUDICIAL DECISIONS Office, agent, or agency unnecessary. - Where a corporation is an express company with its principal official by its charter in Richmond County, Georgia, it may be sued in Bibb County, Georgia, though at the time of the suit it had no office, agent, or agency in Bibb County and was not transacting business there. Ellis v. Southern Express Co., 157 Ga. 629, 122 S.E. 48 (1924). Code section not applicable to mandamus. - Former Civil Code 1910, §/.n 2385 (see O.C.G.A. § 46-9-234) did not apply to mandamus to compel a domestic express com-

pany to receive goods for transportation over its line; mandamus must be instituted in the county of the corporation’s domicile. Sprinkle Distilling Co. v. Southern Express Co., 141 Ga. 21, 80 S.E. 288 (1913). Effect of charter provisions. - The rule of jurisdiction provided by former Civil Code 1895, § 2004 (see O.C.G.A. § 46-9-234) was not affected by charter provision as to where the company would be liable. Southern Express Co. v. B.R. Elec. Co., 126 Ga. 472, 55 S.E. 254 (1906).

RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 39, 67.

C.J.S. - 13 C.J.S., Carriers, § 433.