Elder v. Cozart
Supreme Court of Georgia
Practice in tbe Superior Court. Charge of Court. Service. Sheriffs. New trial. Before Judge Peeples. Spalding Superior Court. February Term, 1877. This was a motion to set aside a judgment rendered in 1866, on the.ground that movant, who was one of the defendants, had not been served. There was the usual entry of service on the declaration. The sheriff was not a party to the proceeding. The sole issue was one of service or no service.
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Practice in tbe Superior Court. Charge of Court. Service. Sheriffs. New trial. Before Judge Peeples. Spalding Superior Court. February Term, 1877. This was a motion to set aside a judgment rendered in 1866, on the.ground that movant, who was one of the defendants, had not been served. There was the usual entry of service on the declaration. The sheriff was not a party to the proceeding. The sole issue was one of service or no service. On the trial, movant swore that he had never been served personally, and never heard of any copy being left at his residence; that had he been served, he would…
1Opinion of the Court
Jackson, Judge.
This was a motion to set aside a judgment solely on the ground that the defendant had not' been served, and the parties went to trial on that issue. The sheriff had returned and entered service on the writ, and he was not made a party to the traverse; but no objection was made thereto by the defendant to the motion. On the issue, the sheriff swore *201that he did serve the defendant in the suit — Elder; and there are circumstances which strongly corroborate his recollection, which was clear and distinct, and good reasons therefor were given. The defendant (Elder) only swore that he…
2Cases cited1 opinion
- Fitzgerald v. StateSupreme Court of Georgia · 1852
3Cited by10 opinions
- Jones v. StateSupreme Court of Georgia · 1908
- Tanner v. StateSupreme Court of Georgia · 1926
- Bell v. New Orleans & Northeastern RailroadCourt of Appeals of Georgia · 1907
- Thomas v. StateCourt of Appeals of Georgia · 1921
- McKnight v. WilsonSupreme Court of Georgia · 1924
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