White v. Hart
Supreme Court of Georgia
Motion. In Chattooga Superior Court. Decided by Judge Milktek. September Term, 1866. Upon a promissory note signed by Hart and Davis, (the latter as security) reading on its face “ I promise to pay,” etc., White filed his declaration, returnable to March Term, 1866, of Chattooga Superior Court. The declaration alleged that both defendants were of Chattooga County. The Sheriff served Davis, and returned, as to Hart, non est inventus.
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Motion. In Chattooga Superior Court. Decided by Judge Milktek. September Term, 1866. Upon a promissory note signed by Hart and Davis, (the latter as security) reading on its face “ I promise to pay,” etc., White filed his declaration, returnable to March Term, 1866, of Chattooga Superior Court. The declaration alleged that both defendants were of Chattooga County. The Sheriff served Davis, and returned, as to Hart, non est inventus. Hart’s residence was, until after the appearance Term of the case, unknown to the plaintiff or his attorneys. Soon after that Term, Davis gave notice to the…
1Opinion of the CourtLumpkin, C. J.
We are inclined to think the Court erred throughout this proceeding. Formerly, under the Judiciary Act of 1799, process, if not sued and served in strict conformity to the requirements of the statute, was declared to be null and void.. This was the strong language of the statute. But all this is changed ; and relaxation, and not stringency, is the rule now. The Courts began to modify with the Act of 1853, and progressed with the broad allowance of amend-*271meats made by the Code, and the decisions and legislation which preceded it; so that now, if there be a legal cause of action set out in the…
2Cited by16 opinions
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- Mauck v. RosserSupreme Court of Georgia · 1906
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Heard v. Tappan & MerrittSupreme Court of Georgia · 1903
- Burson v. ShieldsSupreme Court of Georgia · 1925
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