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Lawskills.com Georgia Caselaw
SMITH v. O'NEAL STEEL, INC.
25438.
GRICE, Justice.
We deemed the question to be of gravity and importance, and particularly so because it has been decided diversely in other jurisdictions but had not been ruled upon by this court.
However, this court has decided in Bauer International Corp. v. Cagle's, Inc., 225 Ga. 684, that the word "nonresident" as used in the original statute (Ga. L. 1966, p. 343, supra) did not include corporations, and that the amendment of 1968 (Ga. L. 1968, pp. 1419, 1420; Code Ann. 24-117), which defines "nonresident" to include certain foreign corporations, does not apply to a cause of action arising prior to the effective date of the amendment, which was April 12, 1968. The cause of action in the instant case, according to the record, arose prior thereto, on November 3, 1966.
In view of the above, the question upon which the application for certiorari was granted is now moot. Therefore, we must remand the case to the Court of Appeals for its further disposition in the light of the Bauer case, supra.
Smith, Cohen, Ringel, Kohler, Martin & Lowe, Sam F. Lowe, Jr., Robert W. Beynart, Jones, Cork, Miller & Benton, Ed L. Benton, for appellee.
Adams, O'Neal, Steele, Thornton, Hemingway & McKinney, Robert S. Slocumb, Hardy Gregory, Jr., for appellant.
ARGUED OCTOBER 14, 1969 -- DECEMBER NOVEMBER 6, 1969 -- REHEARING DENIED DECEMBER 4, 1969.
Friday May 22 18:03 EDT


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