Cooper v. Fourth National Bank
Court of Appeals of Georgia
(Certiorari was granted by the Supreme Court.) Certiorari; from Fulton superior court — J uclge George L. Bell. March 18, 1920. The Fourth National Bank of Atlanta sued Cooper and others in the municipal court of Atlanta. There was a judgment in favor of the bank, and an execution was issued. An officer called upon Cooper for payment of the execution.
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(Certiorari was granted by the Supreme Court.) Certiorari; from Fulton superior court — J uclge George L. Bell. March 18, 1920. The Fourth National Bank of Atlanta sued Cooper and others in the municipal court of Atlanta. There was a judgment in favor of the bank, and an execution was issued. An officer called upon Cooper for payment of the execution. He denied having been served or having had notice of the suit, and “ filed his traverse to said return of service at the first term of the court after he had notice of said return, of service.” On the trial of the issue raised by the traverse…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) The brief for the plaintiff in error limits this court to the consideration of a single issue, to wit, is the service of the summons on the defendant, as shown by the entry of service and by the evidence on the traverse, sufficient ? The provisions of the statute in reference to service of summons issued by authority of the municipal court of Atlanta are found in section 36 (Ga. L. 1913 p. 163), and are as follows: “Such summons and copy shall be served by the marshal, or his deputy, by delivering a copy thereof to the defendant, or by leaving such copy…
2Cases cited5 opinions
- Lovin v. HicksSupreme Court of Minnesota · 1911
- Burbage v. American National BankSupreme Court of Georgia · 1894
- Moye v. WalkerSupreme Court of Georgia · 1895
- McLeay v. Davison-Paxon-Stokes Co.Court of Appeals of Georgia · 1916
- Hays v. Fourth National BankCourt of Appeals of Georgia · 1915
3Cited by7 opinions
- Wise v. HerzogCourt of Appeals for the D.C. Circuit · 1940
- Carroll v. MullerCourt of Appeals of Georgia · 1923
- Ruth & Clark, Inc. v. EmerySupreme Court of Iowa · 1943
- Bowden v. Davison-Paxon Co.Court of Appeals of Georgia · 1944
- Barton v. Watkins Co.Court of Appeals of Georgia · 1923
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