Legal Opinion

Hardwick v. Fry

Court of Appeals of Georgia

Decided February 24, 1976No. 51838PublishedCited by 8 opinions

1Opinion of the Court

Quillian, Judge.

Appeal was taken from an order overruling the defendant’s motion to set aside a default judgment. Held:

The defendant (appellant) introduced proof that service was not obtained upon her. The person served was not residing in defendant’s dwellinghouse or usual place of abode. See CPA § 4 (Code Ann. § 81A-104 (d) (7); Ga. L. 1966, pp. 609, 610 et seq.) The plaintiff introduced proof which only tended to show the defendant had knowledge of the suit.

The failure to obtain service by leaving a copy "at his dwellinghouse or usual place of abode with some person of suitable age and…

2Cases cited2 opinions

  1. Thompson v. LagerquistSupreme Court of Georgia · 1974
  2. American Photocopy Equipment Co. v. Lew Deadmore & Associates, Inc.Court of Appeals of Georgia · 1972

3Cited by8 opinions

  1. Adams v. GluckmanCourt of Appeals of Georgia · 1987
  2. Newell v. BrownCourt of Appeals of Georgia · 1988
  3. Medlin v. ChurchCourt of Appeals of Georgia · 1981
  4. Mahone v. MARSHALL FURNITURE COMPANYCourt of Appeals of Georgia · 1977
  5. Smith v. SmithCourt of Appeals of Arizona · 1977

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