Tennessee Valley Oil & Gas Co. v. Martin

BROWN, J.

The defendant, before appearing or pleading otherwise, appeared specially and filed a plea to the jurisdiction of the court, alleging that it was a foreign corporation organized under the laws of the state of Delaware; that at the time of the commencement of the suit, to wit, August 10, 1931, it had a duly authorized resident agent residing in Selma, Ala., and at the commencement of this suit the defendant was not doing business in Jackson county, Ala.

The plaintiff demurred to this plea on the ground, among others, that it is not alleged in said plea that the defendant was not do *349 ing business by agent in Jackson county, Ala., at tbe time tbe cause of action arose.

Tbe court sustained tbe demurrer to tbe plea, and this ruling is tbe predicate for tbe only question argued.

Tbe statute provides that either party may submit tbe controversy, arising under tbe Workmen’s Compensation Law, “to tbe circuit court of tbe county wbicb would bave jurisdiction of a civil case in tort between tbe same parties.” Code 1923, §§ 7571, 7578.

And it is settled by the decisions of this court, that a foreign corporation that has qualified to do business in this state, by designating an agent and a known place of business, is not suable in a county where it is not doing business by agent at tbe time of tbe commencement of tbe suit, though it may bave committed a tort in such county that is made tbe basis of the plaintiff’s action. General Motors Acceptance Corporation v. Home Loan & Finance Company, 218 Ala. 681 , 120 So. 165 .

Tbe court therefore erred in sustaining tbe demurrer to tbe plea, and for this error tbe judgment is reversed and tbe cause remanded.

Reversed and remanded.

ANDERSON, C. X, and FOSTER and KNIGHT, JJ., concur.