Church v. Church
Supreme Court of Georgia
Equitable petition. Before Judge Bell. Fulton superior court. April 1, 1920. R. E. Church brought a petition against J. Harry Helmer, a resident of Fulton County, and Mrs. Lillian M. Church, who it was alleged resided without the State of Georgia, and whose place of residence was unknown to the plaintiff, praying that he recover certain described premises in Fulton County together with mesne profits; and that certain deeds recited in the petition be canceled as clouds upon…
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Equitable petition. Before Judge Bell. Fulton superior court. April 1, 1920. R. E. Church brought a petition against J. Harry Helmer, a resident of Fulton County, and Mrs. Lillian M. Church, who it was alleged resided without the State of Georgia, and whose place of residence was unknown to the plaintiff, praying that he recover certain described premises in Fulton County together with mesne profits; and that certain deeds recited in the petition be canceled as clouds upon the plaintiffs title; also praying for process. The process was dated April 10, 1918. On April 11, the sheriff made a…
1Opinion of the CourtHill, J.
( After stating the foregoing facts.)
1'. The single question for decision is whether under the facts, after the lapse of more than seven terms of the court without service upon the defendants, service can be perfected, and whether it was legally done in the instant case. The Civil Code (1910), § 5570, provides that "Whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term.” In the case of Branch v. Mechanics Bank, 50 Ga. 413, it was held: "Where a…
2Cases cited6 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Sims v. SimsSupreme Court of Georgia · 1910
- Branch v. Mechanics' BankSupreme Court of Georgia · 1873
- Brunswick Hardware Co. v. BinghamSupreme Court of Georgia · 1900
- McClendon v. Ward-Truitt Co.Court of Appeals of Georgia · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gulf Oil Corporation v. SimsCourt of Appeals of Georgia · 1965
- Scott v. ScottSupreme Court of Georgia · 1941
- McNeal v. AbleCourt of Appeals of Georgia · 1975
- Hutchins v. HunterCourt of Appeals of Georgia · 1975
- Nelson v. LovettCourt of Appeals of Georgia · 1961
6 more not listed; retrieve them via the Exa API.