148 Ga. 132 | Ga. | 1918
(After stating the foregoing facts.) We are of the opinion that the court erred in overruling the plea to the jurisdiction in this case. Four of the aldermen of the town of Arlington were residents of Calhoun county; the mayor and one alderman had their residence in Early county. We recite these facts because they are given a place in the statement of facts agreed upon by counsel for both parties; but our ruling is not based upon the recited facts as to the residence of the officials referred to. In our opinion the controlling fact is the location of the council chambers, the office of the town clerk, the depository of the municipal records, the police court, and the voting for all municipal elections. These are all in Calhoun county, and have been since the creation of the municipality more than thirty-five years ago. All meetings and sessions of the governing authorities of the municipality are held in Calhoun county. All official acts of the mayor and council as such are done there. The trials of offenses done in and against the municipality are held in said county. There the municipal sales are had. Our attention has not been called to any statute fixing the residence of a municipality where it is located partly in one county and partly in another, nor have we found such a statute; and we have reached the conclusion, after giving the question mature thought, that the determination of the residence of the municipality in such eases should be reached by analogizing the situation to that arising when the question is the determination of the venue of suits against other corporations. It is true that the venue in the case of other corporations is fixed by statute. In the case of Maisch v. New York, 193 N. Y. 460 (86 N. E. 458), it was said:
What we have said above is controlling in the case; and it was error, for the court to overrule the plea to the jurisdiction.
Judgment reversed.