Legal Opinion

Gilbert v. Brotherton Inc.

Court of Appeals of Georgia

Decided January 29, 1934No. 23373Published

1Opinion of the CourtJenkins, P. J.

While it has been held, where neither the original process attached to a petition nor the copy thereof served on the defendant was signed by the officer required by law to sign it, that there was no legal process, and that the defect could not be cured by amendment (Hall v. Young Harris College, 38 Ga. App. 662, 145 S. E. 96), yet where in a justice’s court the process was regularly and duly signed by the justice of the peace as required by law, the fact that the purported copy served on the defendant did not indicate such signature would not render the service void (Harris v. Taylor, 148 Ga.…

2Cases cited7 opinions

  1. Harris v. TaylorSupreme Court of Georgia · 1919
  2. McCowan v. BrooksSupreme Court of Georgia · 1901
  3. Georgia Southern & Florida Railway Co. v. PritchardSupreme Court of Georgia · 1905
  4. Myers v. GrinerSupreme Court of Georgia · 1904
  5. Williford v. MarshallSupreme Court of Georgia · 1932

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