Rowland v. Towns
Supreme Court of Georgia
Complaint for land. Before Judge Roberts. Telfair superior court. April 21, 1903. 1
1Opinion of the CourtEvans, J.
1. “There being but one suit, one petition, one defendant, the clerk,has no power, without some direct and express order of the court, to issue more than one process.” Peck v. LaPoche, 86 6a. 814 (1).
2. It is within the power of the judge at the appearance term, or at a subsequent term where due diligenqe is shown, to grant an order authorizing a new process to issue. Allen v. Mutual Loan Co., 86 Ga. 74; Lassiter v. Carroll, 87 Ga. 731.
3. But where no service of the petition was made on the defendant, and at the appearance term an order was granted directing “ that service be perfected and…
2Cases cited2 opinions
- Allen v. Mutual Loan & Banking Co.Supreme Court of Georgia · 1890
- Lassiter v. CarrollSupreme Court of Georgia · 1891
3Cited by9 opinions
- Medical College of Georgia v. RushingSupreme Court of Georgia · 1905
- Seminole County Board of Education v. American InsuranceSupreme Court of Georgia · 1935
- Bird v. TerrellSupreme Court of Georgia · 1907
- Nelson v. LovettCourt of Appeals of Georgia · 1961
- Russell v. Life InsuranceCourt of Appeals of Georgia · 1925
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