Hardwick v. Fry
Court of Appeals of Georgia
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
- Thompson v. LagerquistSupreme Court of Georgia · 1974
- American Photocopy Equipment Co. v. Lew Deadmore & Associates, Inc.Court of Appeals of Georgia · 1972
3Cited by8 opinions
- Adams v. GluckmanCourt of Appeals of Georgia · 1987
- Newell v. BrownCourt of Appeals of Georgia · 1988
- Medlin v. ChurchCourt of Appeals of Georgia · 1981
- Mahone v. MARSHALL FURNITURE COMPANYCourt of Appeals of Georgia · 1977
- Smith v. SmithCourt of Appeals of Arizona · 1977
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