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Republic of Cuba v. Dixie Paint Varnish Company

Court of Appeals of Georgia
Nov 27, 1961
123 S.E.2d 198 (Ga. Ct. App. 1961)

Opinion

39144.

DECIDED NOVEMBER 27, 1961.

Garnishment, etc. Savannah City Court. Before Judge Alexander.

Adams, Adams Brennan, Edward T. Brennan, for plaintiff in error.

Connerat, Dunn, Hunter, Cubbedge Houlihan, J. P. Houlihan, Jr., Robert J. Duffy, John W. Hendrix, contra.


This case is controlled by the principles of law recognized in the first division of the case of Republic of Cuba v. Arcade Bldg. of Savannah, ante. However, in this case a suggestion of sovereign immunity was filed in the trial court wherein the sovereign immunity of the Republic of Cuba was recognized by the State Department. Under such circumstances the trial court was without further jurisdiction of the case and the attachment should have been dismissed. The further proceedings were nugatory.

Judgment reversed. Frankum and Jordan, JJ., concur.

DECIDED NOVEMBER 27, 1961.


Summaries of

Republic of Cuba v. Dixie Paint Varnish Company

Court of Appeals of Georgia
Nov 27, 1961
123 S.E.2d 198 (Ga. Ct. App. 1961)
Case details for

Republic of Cuba v. Dixie Paint Varnish Company

Case Details

Full title:REPUBLIC OF CUBA v. DIXIE PAINT VARNISH COMPANY, INC., et al

Court:Court of Appeals of Georgia

Date published: Nov 27, 1961

Citations

123 S.E.2d 198 (Ga. Ct. App. 1961)
104 Ga. App. 854