37 Ga. 240 | Ga. | 1867
The only question made in this case is, whether the Superintendent of the Western & Atlantic Eail Eoad is liable to the process of garnishment ?
That process is one of statutory creation, and does not extend beyond the persons and classes of agents clearly within the provisions of law authorizing it. We think it manifest that the Superintendent of the Western & Atlantic Eail Eoad belongs to that class of public agents, like the Governor and Treasurer of the State, whom reasons of policy exempt as such agents from process of garnishment. It should be borne in mind that the Western & Atlantic Eail Eoad is not a corporation and liable like other corporations to suits and garnishments. It is the property solely of the State of Georgia and under the control and power of the legislature at all times. It is true the legislature has authorized suits for damages to be instituted against it — prescribed how. service is to be made, etc., as is authorized against other Eailroads (private corporations) for losses incurred or negligence or malfeasence as common carriers. This was a concession by the State of Georgia to the public of a right of suit against herself for particular wrongs, — and in thus allowing her Courts to take cognizance of the claims of individuals against her, she entirely with
