107 Ga. 334 | Ga. | 1899
Sarah A. Hudgins commenced her suit, returnable to the February, 1898, term of Gordon superior court, to recover the sum of $5,650 damages of the Southern Railway Company for refusing and neglecting to build and maintain certain cattle-guards or stock-gaps on the dividing line of her lands in said county, after notice so to do as provided by the statute. The petition filed in the case describes and refers to the defendant in the following words: “Paragraph 2nd. Petitioner further shows that "the Southern Railway Company, a corporation running and operating a line of railroad in and through said county and having a depot and agent in and for
The petition for removal was regular,- filed in due time, and
The plaintiff in error cites the case of Angier v. E. T., V. & G. R. R., 74 Ga. 634, where it was held that the defendant corporation was under the law a domestic corporation, and hence a citizen of Georgia. If there was anything in the original petition filed to recover damages, which would authorize the court to determine as a. matter of law that the Southern Railway Co. is a domestic corporation, then, under the rule above stated, the superior court of Gordon county would be at liberty to determine for itself whether, under such record, a removal was. effected. In the Angier case, supra, the bill alleged that the defendant railroad, the E. T., V. & G. R. R. Company, was a Georgia corporation, and specifically alleged that the road from Rome to Macon was built by the C. & G. R. R., and the road from Macon to Brunswick was purchased by it. The C. & G. R. R. then sold and transferred its rights, properties, franchises, etc., to the E. T., V. & G. R. R., and thelat
Judgment reversed.