O.C.G.A. § 9-10-33 (2019)

Annotations

Cross references. Personal jurisdiction over nonresident generally, § 9-10-90.

Law reviews. For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 355 (1968). For comment on White v. Henry, 232 Ga. 64, 205 S.E.2d 206 (1974), see 26 Mercer L. Rev. 317 (1974).

JUDICIAL DECISIONS This section applies to actions by creditors against foreign executors. Johnson v. Jackson, 56 Ga. 326, 1876 Ga. LEXIS 283 (1876) (see O.C.G.A. § 9-1033). Section applicable to nonresident voluntarily attending city court to answer to accusation for misdemeanor against the nonresident. Rogers v. Rogers, 138 Ga. 803, 76 S.E. 48, 1912 Ga. LEXIS 718 (1912) (see O.C.G.A. § 9-10-33). If nonresident abandons his wife in this state, bill by her for alimony will lie against him if he is found and served in any county of this state. Campbell v. Campbell, 67 Ga. 423, 1881 Ga. LEXIS 196 (1881). This section is applicable to foreign corporations. Williams v. East Tenn., V. & Ga. Ry., 90 Ga. 519, 16 S.E. 303, 1892 Ga. LEXIS 212 (1892) (see O.C.G.A. § 910-33). This section applies where contract of insurance was made in state, but company maintained no agency here. Equity Life Ass’n v. Gammon, 119 Ga. 271, 46 S.E. 100, 1903 Ga. LEXIS 784 (1903) (see O.C.G.A. § 9-10-33). This section relates to venue rather than jurisdiction over the person.

McPherson v. McPherson, 238 Ga. 271, 232 S.E.2d 552, 1977 Ga. LEXIS 988 (1977) (see O.C.G.A. § 9-10-33). Section inapplicable where nonresident defendants out of state at time of filing petition. - This section has no application where the petition shows upon its face that the mother and child were residents of the state of Ohio and were located in Ohio at the time the petition for modification of custody decree was filed. Gates v. Shaner, 208 Ga. 454, 67 S.E.2d 569, 1951 Ga. LEXIS 408 (1951) (see O.C.G.A. § 9-10-33). Personal service on citizen of another state constitutes institution of action against him. - The legal perfection of service by personal service of action upon a citizen of another state constitutes the institution of action against him, and the court has jurisdiction over him. Minsk v. Cook, 48 Ga. App. 567, 173 S.E. 446, 1934 Ga. App. LEXIS 131 (1934). Jurisdiction of state extends to nonresidents temporarily sojourning in state. - A person not a citizen, and temporarily sojourning in this state, may be sued in any county in which he may be found at the time he is sued, for the jurisdiction of this state extends to “citi-

zens, denizens, or temporary sojourners.” Cheeley v. Fujino, 131 Ga. App. 41, 205 S.E.2d 83, 1974 Ga. App. LEXIS 1318 (1974). Temporary presence of nonresident tortfeasor insufficient to join other tortfeasors residing in other county. - The temporary presence of a nonresident tortfeasor in state is not such residence within the meaning of state Constitution as will authorize joining, in action against him in the county where he is found and served, other joint tortfeasors who reside in a different county or counties of this state. Benton Rapid Express v. Johnson, 202 Ga. 597, 43 S.E.2d 667, 1947 Ga. LEXIS 474 (1947). Court acquired jurisdiction over nonresident sojourning in county and personally served. - Even though the allegations showed that the defendant was a resident of a foreign jurisdiction, yet where he was personally served with process while sojourning within county in which the court was located, where the petitioner resided, the court acquired jurisdiction under this section, O.C.G.A. § 50-2-21, and Ga. Const. 1983, Art. VI, Sec. II, Para. I. Miller v. Miller, 216 Ga. 535, 118 S.E.2d 85, 1961 Ga. LEXIS 269 (1961). Where defendant voluntarily appears to defend criminal charge against the defendant, the defendant is liable to action as others are, and must answer thereto in like manner, but it would seem that one who did not voluntarily appear, but was forced into the state, would not be liable to action. Lomax v. Lomax, 176 Ga. 605, 168 S.E. 863, 1933 Ga. LEXIS 231 (1933). Nonresident witness or suitor in attendance upon 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 extends to any tribunal affecting judicial proceedings. - The 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 judi-

cial proceedings. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123, 1935 Ga. App. LEXIS 407 (1935). Exemption extends to every person who in good faith attends as witness 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 applicable to hearings before various quasi-judicial bodies. - 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). Service on nonresident temporarily in county for taking depositions should be quashed. - 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 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 and to compel the person to defend it in a jurisdiction other than that of the person’s 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’s main purpose in coming into state must have been for taking 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 have been 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). Nonresident in state solely for taking depositions exempt from service regardless of purpose of depositions. - Where there is pending in the state of Florida an action 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 action 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). Corporation subject to jurisdiction as any other citizen of another state. - A corporation is for some purposes a citizen, and, if present, is no less subject to jurisdiction than any other citizen of another state; in addition, a corporation, though a citizen of but one state, may also be a resident 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). Corporation subject to action brought in any jurisdiction where it does business through agent. - The true test of jurisdiction is not residence or nonresidence of the plaintiff, or the place where the cause of action originated, but whether the defendant can be found and served in the jurisdiction where the cause of action is asserted; and a corporation can be found in any jurisdiction where it transacts business through agents located in that jurisdiction. Aiken Asphalt Paving Co. v. Winn, 133 Ga. App. 3, 209 S.E.2d 700, 1974 Ga. App. LEXIS 947 (1974). Nonresident agent served while physically present in the state. - Court had personal jurisdiction over the

company and the agent since when a nonresident was found within the State of Georgia, O.C.G.A. § 9-10-33 provided the courts with a basis for personal jurisdiction independent from the long-arm statute. Because the agent was served with process while physically present within the state, the exercise of personal jurisdiction would comport with due process. Carrier v. Jordaan, 714 F. Supp. 2d 1204, 2008 U.S. Dist. LEXIS 114596 (S.D. Ga. 2008). Registered office of corporations not invalidated by absence of registered agent. - In an action against a trucking company, venue was proper in the county in which the company had its registered office; even though the company’s registered agent had moved out of state, documents filed with the Secretary of State reflected that the registered office remained in that county, and service could be made in the absence of the registered agent by mail addressed to the registered office. Rock v. Ready Trucking, Inc., 218 Ga. App. 774, 463 S.E.2d 355, 1995 Ga. App. LEXIS 879 (1995), cert. denied, No. S96C0254, 1996 Ga. LEXIS 271 (Ga. Jan. 26, 1996). Soliciting of freight in county sufficient to permit service on railroad 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 its soliciting freight agent who has an office in the county in which action 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).

RESEARCH REFERENCES C.J.S. 92A C.J.S., Venue, § 91. ALR. Power of court, in exercise of discretion, 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. Suits and remedies against alien enemies, 137 A.L.R. 1361; 147 A.L.R. 1309; 148 A.L.R. 1386; 149 A.L.R. 1454; 152

A.L.R. 1451; 153 A.L.R. 1418; 153 A.L.R. 1419; 155 A.L.R. 1451; 156 A.L.R. 1448; 157 A.L.R. 1449. Independent venue requirements as to cross complaint or similar action by defendant seeking relief against a codefendant or third party, 100 A.L.R.2d 693. Forum non conveniens doctrine in state court as affected by availability of alternative forum, 57 A.L.R.4th 973.