Benton Rapid Express Inc. v. Johnson

BENTON RAPID EXPRESS INC. Et Al. v. JOHNSON Et Al.

Benton Rapid Express Inc. v. Johnson, 43 S.E.2d 667 (Ga. 1947)

Court: Supreme Court of Georgia · State Highest Courts
Decided: July 11, 1947
Docket: No. 15894.
Judges: Candler
Citations: 43 S.E.2d 667202 Ga. 5971947 Ga. LEXIS 474

Opinion of the Court — Candler

Candler, Justice.

The Constitution of 1945, article 6, section 14, paragraph 6 (Code, Ann. Supp., § 2-4906), requires all civil cases, with certain exceptions, to be brought and tried in the county *598 of the defendant’s residence. This provision of the Constitution applies to corporations as well as to natural persons.

Central Bank of Ga.

v. Gibson, 11

Ga.

453 ;

Southwestern R. Co.

v. Paulk, 24

Ga.

356 ;

Atlanta K. & N. Ry. Co.

v. Wilson, 116 Ga.

192 ( 42 S. E. 356 ). One of the exceptions to the general constitutional provision that all civil cases must be brought and tried in the county of the defendant’s residence is article 6, section 14, paragraph 4 (Code, Ann. Supp., § 3-4904), which provides: “Suits against joint obligors, joint promissors, copartners, or joint trespassers, residing in different counties, may be tried in either county.” The Code, § 3-306, provides: “A person not a citizen of this State, passing through or' sojourning temporarily in the State, may be sued in any county thereof in which he may be at the time when sued.” Such temporary presence of a nonresident tort-feasor in this State is not such residence within the meaning of our Constitution as will authorize joining, in a suit against him in the county where he is found and served, other joint tort-feasors who reside in a different county or counties of this State.

Accordingly, as an answer to the question propounded, we hold that venue must be laid in a county of this State, wherein one of the resident joint tort-feasors resides.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

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Relies on it most ⓘ

Dependable Insurance Co. v. Gibbs127 S.E.2d 454 (Ga. 1962)
Bergen v. Martindale-Hubbell, Inc.267 S.E.2d 10 (Ga. 1980)
Hays v. Jones59 S.E.2d 404 (Ga. Ct. App. 1950)
Horton v. Western Contracting Corp.149 S.E.2d 542 (Ga. Ct. App. 1966)
Jones v. Chandler76 S.E.2d 237 (Ga. Ct. App. 1953)
Orkin Exterminating Co. v. Gilland204 S.E.2d 469 (Ga. Ct. App. 1974)

Most recent

C. W. Matthews Contracting Co. v. Barnett466 S.E.2d 657 (Ga. Ct. App. 1996)
Bergen v. Martindale-Hubbell, Inc.267 S.E.2d 10 (Ga. 1980)
Davis v. Correct Manufacturing Corp.238 S.E.2d 553 (Ga. Ct. App. 1977)
Orkin Exterminating Co. v. Gilland204 S.E.2d 469 (Ga. Ct. App. 1974)
Williamson v. Perret's Farms, Inc.197 S.E.2d 754 (Ga. Ct. App. 1973)
Horton v. Western Contracting Corp.149 S.E.2d 542 (Ga. Ct. App. 1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Atlanta, Knoxville & Northern Ry. Co. v. Wilson, 42 S.E. 356 (Ga. 1902)	9
	South-Western R.R. v. Paulk, 24 Ga. 356 (1858)	37
	Cent. Bank v. Gibson, 11 Ga. 453 (1852)	29

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