Sanford v. Bates
Supreme Court of Georgia
Affidavit of illegality. Before Judge Harris. City court of El'oyd county. March term, 1895. Suit was brought in January, 1889, in the city court of E'loyd county, the 'declaration alleging that the defendant resided in that county. The deputy-sheriff of that county made an entry on the process that service had been perfected by leaving a copy of the declaration and process at the defendant’s most notorious place of abode.
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Affidavit of illegality. Before Judge Harris. City court of El'oyd county. March term, 1895. Suit was brought in January, 1889, in the city court of E'loyd county, the 'declaration alleging that the defendant resided in that county. The deputy-sheriff of that county made an entry on the process that service had been perfected by leaving a copy of the declaration and process at the defendant’s most notorious place of abode. Judgment was rendered for the plaintiffs on June 11, 1889, and the execution therefrom was levied. Defendant interposed an affidavit of illegality, on two grounds: (1) He…
1Opinion of the CourtSimmons, C. J.
1. The truth -of a return of service entered upon a declaration by a sheriff, stating that he had served the defendant with a copy of the declaration and process by leaving th-e same at his mast notorious place of abode, cannot be called in question without traversing the return -and making the officer a party to the traverse. 'Such traverse may and must be filed by the defendant at the first term after notice of such entry is had by him. In the absence of such traverse the entry of service is conclusive.
2. A judgment rendered by a court without jurisdiction is void and can be treated by the…
2Cases cited1 opinion
- Hartsfield v. MorrisSupreme Court of Georgia · 1892
3Cited by16 opinions
- Mauck v. RosserSupreme Court of Georgia · 1906
- Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
- McKnight v. WilsonSupreme Court of Georgia · 1924
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
- Georgia Railway & Power Co. v. DavisCourt of Appeals of Georgia · 1914
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