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Lawskills.com Georgia Caselaw
STINNETT et al. v. ELLIS.
44868.
WHITMAN, Judge.
Action for damages. Murray Superior Court. Before Judge Vining.
The plaintiff's complaint for damages, for alleged negligence arising out of a motor vehicle collision on May 20, 1968, was brought in the Superior Court of Murray County where the collision occurred. The truck involved was allegedly owned by defendants, Southern Decorators, Inc., and Fred Thompson, and was driven by defendant David H. Stinnett.
With regard to defendants Thompson and Stinnett, the complaint alleged that they were residents of Whitfield County. Defendant Southern Decorators, Inc., was alleged to be a corporation incorporated under the laws of the State of Georgia, with its principal place of business in Dalton, Whitfield County, Ga., and having as its agent for service Mr. Fred Thompson, 220 North Pentz Street, Dalton, Ga.
With no basis appearing in the complaint for maintaining the action in Murray County against any of the named defendants, it was error to overrule defendant Stinnett's motion to dismiss on that account. Georgia Constitution (1945), Art. VI, Sec. XIV, Par. VI (Code Ann. 2-4906); Code 3-201.
J. Paxson Amis, for appellee.
Mitchell & Mitchell, Coy H. Temples, for appellants.
SUBMITTED NOVEMBER 4, 1969--DECIDED FEBRUARY 26, 1970.
Friday May 22 17:11 EDT


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