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2018 Georgia Code 46-9-234 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-9-234 Case Law from Google Scholar Amendments to OCGA 46-9-234

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.

ARTICLE 7 EXPRESS COMPANIES

46-9-234. Venue; binding effect of judgment.

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.

(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.)

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 company 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. Bankr. 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.

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