Dozier v. Lamb
Supreme Court of Georgia
Illegality. Service. Before Judge Clark. Schley Superior Court. May Term, 1874. At the August term, 1866, of Schley county court, H. K. Lamb recovered a judgment against Seaborn Dozier for $300 00 principal, and $139 00 interest to date of judgment, with accruing interest. The execution based on this judgment was levied on certain lands as the property of the defendant.
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Illegality. Service. Before Judge Clark. Schley Superior Court. May Term, 1874. At the August term, 1866, of Schley county court, H. K. Lamb recovered a judgment against Seaborn Dozier for $300 00 principal, and $139 00 interest to date of judgment, with accruing interest. The execution based on this judgment was levied on certain lands as the property of the defendant. He filed an affidavit of illegality to the effect that he had never-been served, and the papers were returned to the superior court. Upon the trial of the issue thus formed, the evidence made this case: The record showed…
1Opinion of the Court
McCay, Judge.
It would be very dangerous to the conelusiveness of judgments if an official return of service, made by an officer under his official oath, could, after such a lapse of time, be set aside by evidence so inconclusive as was before the jury in this case. Indeed, the only evidence is that the defendant does not remember being served. And this is, doubtless, true of nine tenths of the cases where there is a judgment by default. It would be a strange thing if one could remember, after twelve years, such a thing. Had there been anything to call special attention to the debt, so that a…
2Cited by1 opinion
- Dozier v. LambSupreme Court of Georgia · 1877