83 Ga. 549 | Ga. | 1889
1. There was a general demurrer to the declaration filed by the defendant in error against the plaintiff ierror, which was overruled by the court; and the plaintiff in error insists that this was error, because, as it appeared that the plaintiff in the court below had been conflicted of a felony, and that the injury he complained, of was received by him while he was in confinement in the penitentiary, he was civilitcr mortuus, and could not maintain an action for the injury, although he had received a pardon and had been thereby restored to all his rights of citizenship before the commencement of the action.
We do not think that’ this position of the learned counsel for the plaintiff' in error is sound. We are aware that at the common law," when one was eon.
2. This action was brought against the Dade Coal Company to recover damages which it is alleged that eompany wrongfully inflicted upon the plaintiff, the defendant in error here. There was a plea in abatement filed by the defendant to the effect that the Dade
The court sustained the demurrer to this plea, holding that upon the face of the plea itself, the proper court in Fulton county had jurisdiction of the case, inasmuch as the plea showed affirmatively that it had an office in Atlanta for the purpose of electing its officers and for the purpose of conducting its financial operations. The act of the legislature incorporating this company, approved February 1st, 1878, does not, by any of its provisions, locate this company in any particular county of this State. It can carry on its mining operations in any county, by the terms of the act. The company therefore had a right to establish its principal place of business in any county in this State, and the company having chosen to locate its office in Atlanta “for the purpose of electing its officers and for the purpose of conducting its financial operations,” we think that gave the proper court in Fulton-county jurisdiction in this case; and there was no error in sustaining the demurrer to this plea.
8. There was an amended plea filed by the plaintiff in error to the effect that the G-eorgia Penitentiary Company No. i, to which the plaintiff was committed by the authorities of the State after his conviction, for punishment, was located in the county of Dade, and
So upon the whole case we affirm the rulings, decisions and judgment of the court below.
Judgment affirm.ed.