Colquitt v. Mercer & DeGraffenreid
Supreme Court of Georgia
Pleading. Attorneys. Constitutional law. Before Judge Hopkins. DeKalb Superior Court. March Term, 1871. Mercer & DeGraffenreid sued Colquit in said county, upon an open account. The cause was returnable to March term, 1870. The sheriff returned that he served Colquit by. leaving a copy at his “dwelling house.” Colquit’s attorney pleaded at March Term, 1870, that Colquit did not reside in said county, but in Baker county, Georgia, and swore to the plea.
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Pleading. Attorneys. Constitutional law. Before Judge Hopkins. DeKalb Superior Court. March Term, 1871. Mercer & DeGraffenreid sued Colquit in said county, upon an open account. The cause was returnable to March term, 1870. The sheriff returned that he served Colquit by. leaving a copy at his “dwelling house.” Colquit’s attorney pleaded at March Term, 1870, that Colquit did not reside in said county, but in Baker county, Georgia, and swore to the plea. Plaintiff’s counsel moved to strike the plea, because it was not sworn to by the defendant. This was overruled. On the trial the jury found…
1Opinion of the Court
McCay, Judge.
Was the plea to the jurisdiction properly filed ? The Code section 3410, provides that such a plea must be pleaded in person, and, by section 3412, it must be sworn to. The implication is almost irresistible that the oath must be by the party, and such has, without doubt, always been the practice in this State. It is, however, insisted that the Act of 1869 changes this practice, and that such a plea may now be sworn to by an attorney if the defendant is not a resident of the county where the suit is pending. That Act provides that in suits upon contracts, if the defendant is…
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