O.C.G.A. § 50-2-21 (2019)

Annotations

Cross references. Rights of citizens of other states and aliens while in state, § 1-2-9 et seq. Grounds for exercising personal jurisdiction over nonresidents, § 9-10-91. Editor’s notes. Ga. L. 2003, p. 820, § 9, not codified by the General Assembly, provides that this Act “shall apply to all civil actions filed on or after July 1, 2003.” Law reviews. For comment on White v. Henry, 232 Ga. 64, 205 S.E.2d 206 (1974), see 26 Mercer L. Rev. 317 (1974).

For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986). For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986). For article, “Georgia’s Domestic Relations Long-Arm Statute, Circa 1986,” see 23 St B.J. 74 (1987). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 28 (2003). For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004).

JUDICIAL DECISIONS Lack of jurisdiction. - Court has no jurisdiction over a case in which neither of the parties is, or has ever been, in the state, or a citizen, or a resident of the state, or the owner of property in the state. House v. House, 25 Ga. 473, 1858 Ga. LEXIS 95 (1858). Extent of jurisdiction. - All persons found within the limits of a government are to be deemed citizens thereof, so that the right of jurisdiction, civil and criminal, will attach to such persons. Dearing v. Bank of Charleston, 5 Ga. 497, 1848 Ga. LEXIS 121 (1848); Adams v. Lamar, 8 Ga. 83, 1850 Ga. LEXIS 14 (1850); Molyneux v. Seymour, Fanning & Co., 30 Ga. 440, 1860 Ga. LEXIS 380 (1860). Jurisdiction is to be so exercised as to conclude by judgment none but those who are parties. Dearing v. Bank of Charleston, 5 Ga. 497, 1848 Ga. LEXIS 121 (1848); Adams v. Lamar, 8 Ga. 83, 1850 Ga. LEXIS 14 (1850). Jurisdiction extends only where it is not surrendered or restrained by the Constitution of the United States. Johnston v. Riley, 13 Ga. 97, 1853 Ga. LEXIS 54 (1853). Jurisdiction of nonresidents. - Any court of any county of this state which can serve process on a nonresident, traveling through the state, acquires jurisdiction of that nonresident. Campbell v. Campbell, 67 Ga. 423, 1881 Ga. LEXIS 196 (1881). Even though the allegations showed that the defendant was a resident of a foreign jurisdiction, yet when the defendant was personally served with process while sojourning within the state and the county in which the court was located, where the petitioner resided, the court acquired jurisdiction under former Code 1933, §§ 3-206 and 15-202 (see O.C.G.A. §§ 9-10-33 and 50-2-21). Miller v. Miller, 216 Ga. 535, 118 S.E.2d 85, 1961 Ga. LEXIS 269 (1961). Persons passing through state. - Citizen of another state, passing through this state, may be sued in any county of this state in which the citizen may happen to be at the time when sued. Murphy v. John S. Winter & Co., 18 Ga. 690, 1855 Ga. LEXIS 259 (1855).

Person not a citizen, and temporarily sojourning in this state, may be sued in any county thereof in which the person may be found at the time the person is sued, for the jurisdiction of this state extends to “citizens, denizens, or temporary sojourners.” Cheeley v. Fujino, 131 Ga. App. 41, 205 S.E.2d 83, 1974 Ga. App. LEXIS 1318 (1974). Service on nonresident held proper. - Service of a petition for modification of child support upon a nonresident while the nonresident was visiting children in Georgia was proper. Hutto v. Plagens, 254 Ga. 512, 330 S.E.2d 341, 1985 Ga. LEXIS 725 (1985). Foreign executors within limits of state. - Foreign executors or administrators coming within jurisdictional limits of the state are liable to be sued here by creditors, or to be brought to an account by legatees or distributees. Johnson v. Jackson, 56 Ga. 326, 1876 Ga. LEXIS 283 (1876). Concurrent jurisdiction of state and federal courts. - When the courts of this state and the courts of the United States have concurrent jurisdiction over the subject matters and parties to a controversy, that tribunal which first actually takes the jurisdiction will retain jurisdiction. Hines & Hobbs v. Rawson, 40 Ga. 356, 1869 Ga. LEXIS 101 (1869). Jurisdiction of a state does not extend beyond the state’s territorial limits; consequently, no personal judgment can be obtained against a nonresident unless the nonresident is served, so as to give the court jurisdiction, and that legal service cannot be perfected by forcing a nonresident defendant to come within the jurisdiction of the state in order to perfect personal service and thereby obtain jurisdiction. Lomax v. Lomax, 176 Ga. 605, 168 S.E. 863, 1933 Ga. LEXIS 231 (1933). Presence of corporation makes it subject to jurisdiction. - Corporation is for some purposes a citizen, and, if present, is no less subject to the jurisdiction than any other citizen of another state. Besides, a corporation, though a citizen of but one state, may be a resident

also of other states. Louisville & N.R.R. v. Meredith, 66 Ga. App. 488, 18 S.E.2d 51, 1941 Ga. App. LEXIS 535 (1941), aff’d, 194 Ga. 106, 21 S.E.2d 101, 1942 Ga. LEXIS 549 (1942). Service on agent of defendant corporation. - Legal service may be perfected on a defendant railroad corporation which does business in this state, (i.e., has tracks in the state) by serving the corporation’s soliciting freight agent who has an office in the county in which the suit is filed and service perfected, although the defendant does no business in the county other than that of the soliciting of freight. Louisville & N.R.R. v. Meredith, 66 Ga. App. 488, 18 S.E.2d 51, 1941 Ga. App. LEXIS 535 (1941), aff’d, 194 Ga. 106, 21 S.E.2d 101, 1942 Ga. LEXIS 549 (1942). Jurisdiction of person or property. - If the court gets jurisdiction of the person or property of a nonresident, the court will retain jurisdiction to administer justice to the court’s own citizens. Callaway v. Jones & Quattlebum, 19 Ga. 277, 1856 Ga. LEXIS 170 (1856). Full justice afforded to nonresidents. - Nonresident invoking aid of court will be afforded as full justice as is consistent with the laws and policy of the state. Reeves v. Southern Ry., 121 Ga. 561, 49 S.E. 674, 1905 Ga. LEXIS 1 (1905); Seaboard Air-Line Ry. v. Burns, 17 Ga. App. 1, 86 S.E. 270, 1915 Ga. App. LEXIS 236 (1915). Jurisdiction over property of nonresident. - Courts have jurisdiction of a nonresident who owns property in a state, although the nonresident does not come within territorial limits. Molyneux v. Seymour, Fanning & Co., 30 Ga. 440, 1860 Ga. LEXIS 380 (1860). Seizure of nonresident defendant’s property. - Extent of available judicial relief in reference to alimony against a nonresident defendant, who is not personally served in this state, or does not acknowledge service, or who does not voluntarily submit to the jurisdiction of the court by appearing and pleading, is confined to the seizure and utilization of such property as the defendant may own, situated within the jurisdiction of the court.

Hicks v. Hicks, 193 Ga. 446, 18 S.E.2d 754, 1942 Ga. LEXIS 405 (1942). Jurisdiction properly denied. - Trial court properly dismissed a libel and slander action against a bank, an investment fund, and a supervisor as the supervisor gave the reference underlying the suit from a New York hotel room to an individual in the Netherlands, the law of the Netherlands controlled the case, most witnesses resided in the Netherlands, including the employee, and the supervisor had returned to the Netherlands at the time of the appeal; judicial notice was also taken of the deaths of the trial judge and the court reporter who had handled the case below, which, alone, satisfied O.C.G.A. § 50-2-21(b)(5). Triguero v. ABN AMRO Bank N.V., 273 Ga. App. 92, 614 S.E.2d 209, 2005 Ga. App. LEXIS 418 (2005). Exemption from service of civil process. - When there is pending in Florida a suit of A against B, and by stipulation of counsel for both parties, B comes into this state solely for the purpose of taking depositions, B is exempt from service of civil process while taking such depositions and during a reasonable time going and coming, even though the attorney for B testified that the purpose of taking the depositions was to make opposing counsel believe that B would not be present at the trial of the suit in Florida and there was no intention to use the depositions. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). If a person is present in a county other than that of the person’s residence, for the sole purpose of attending the taking of depositions therein in a case to which the person is a party, and advantage is taken of the person’s presence to serve process on the person in another action, to compel the person to defend the action in a jurisdiction other than that of residence, the service of such process should be quashed. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). Nonresident witness or party exempt from service. - Nonresident witness or suitor in attendance upon the trial

of any case in court is exempt from service of any writ or summons while so attending, and in going to, or returning from the court. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). Exemption from service extends to attendance at other tribunals. - Privilege of exemption from service is not only assured while a nonresident is attending upon strictly judicial proceedings, but upon any tribunal whose business has reference to or is intended to affect judicial proceedings. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). Rule of nonresident immunity from service embraces wide scope of tribunals. - Hearings before arbitrators, legislative committees, registers and commissioners in bankruptcy, and examiners and commissions to take depositions, are all embraced within the scope of application of the rule of nonresident immunity from service. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). Rule of nonresident immunity extends to every person who in good faith attends as a witness in any proceeding where testimony is to be taken according to the practice of the courts to be used in establishing the rights of a party in any judicial proceeding. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). Exemption where controlling purpose for entering state for depositions. - In order for a nonresident to be immune from process under the rule of exemption, the nonresident’s main and controlling purpose in coming into this state must be for the purpose of taking the depositions; this is the meaning of the term “good faith” when used in connection with this rule of exemption. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). Exemption from service must be claimed. - Service on garnishee temporarily sojourning here as suitor in court was voidable, yet when there was no objection made to the service and no answer

filed at either return or second term, default judgment was valid. Thornton v. American Writing Mach. Co., 83 Ga. 288, 9 S.E. 679, 1889 Ga. LEXIS 49 (1889). Question of jurisdiction not waived by appearance. - In case of a judgment void for want of personal service of process, the defendant does not waive the question of jurisdiction or validate the void judgment by an appearance after judgment in support of a motion to set the judgment aside. Hicks v. Hicks, 193 Ga. 446, 18 S.E.2d 754, 1942 Ga. LEXIS 405 (1942). Voluntary attendance to answer for misdemeanor is not privileged. - Nonresident of the state, voluntarily attending a city court to answer to an accusation for a misdemeanor against the nonresident is not privileged from arrest under civil process nor exempt from service of civil process. Rogers v. Rogers, 138 Ga. 803, 76 S.E. 48, 1912 Ga. LEXIS 718 (1912). Defendant in criminal case can be witness in own behalf. - Each of the cases in which service of civil process upon a nonresident criminal defendant was upheld rested upon a rationale that under the law of this state then existing a defendant in a criminal case could not be a “witness” within the meaning of former Code 1933, § 38-1506 (see now O.C.G.A. § 24-13-1) because a witness could not take the stand and be sworn on own behalf. These cases were no longer applicable in view of the enactment of former Code 1933, §§ 26-401, 27-405, 38-415 and 38-416 (see now O.C.G.A. §§ 16-1-3, 17-728, and 24-5-506), which authorized a defendant to testify in a criminal case in this state. White v. Henry, 232 Ga. 64, 205 S.E.2d 206, 1974 Ga. LEXIS 863 (1974) (commented on in 26 Mercer L. Rev. 317). Immunity of nonresident defendant who appears voluntarily. - Immunity should be extended to the nonresident criminal defendant who voluntarily appears in court to answer a criminal charge in Georgia. White v. Henry, 232 Ga. 64, 205 S.E.2d 206, 1974 Ga. LEXIS 863 (1974) (commented on in 26 Mercer L. Rev. 317).

RESEARCH REFERENCES Am. Jur. 2d. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 3, 4. C.J.S. 81A C.J.S., States, §§ 34, 35. ALR. Discretion of court to refuse to entertain

action for nonstatutory tort occurring in another state or country, 32 A.L.R. 6; 48 A.L.R.2d 800. Immunity of nonresident defendant in criminal case from service of process, 20 A.L.R.2d 163.