Hickey v. Merrit

Pannell, Judge.

This is an appeal from the State Court of DeKalb County on certification, from denial of a motion by a tenant (Hickey) to dismiss an action brought by a landlord (Merrit) for back rent and sanitary taxes on certain rental property in the amount of $1,080. The motion alleged that the mode of service did not comply with the Civil Practice Act. The only issue on this appeal is whether the appellant was properly served and therefore subject to the lower court’s jurisdiction.

Appellee filed the suit June 6, 1972. Service was made on appellant by a deputy marshal whose return of…