Cochran v. Davis
Supreme Court of Georgia
Certiorari, in Fulton Superior Court. Heard and decided by Judge Bull, April Term, 1856. ■ • .John'W. Davis commenced an action of assumpsit against Alexander Cochran, in Fulton Inferior Court, on an open account. At the appearance term, defendant’s Counsel moved to dismiss the case because the copy process served on the defendant, was not signed by the Clerk.
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Certiorari, in Fulton Superior Court. Heard and decided by Judge Bull, April Term, 1856. ■ • .John'W. Davis commenced an action of assumpsit against Alexander Cochran, in Fulton Inferior Court, on an open account. At the appearance term, defendant’s Counsel moved to dismiss the case because the copy process served on the defendant, was not signed by the Clerk. The Court over-ruled, the motion and directed the Clerk to sign the said copy process at that time, which the Clerk did. At the next and trial term of said case, Counsel for defendant again moved the Court to dismiss the case, because…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
pL] As to the exception to the process, we do not think it •comes within the reason of the decisions made by this Court •as to original process.
[2.] But be that as it may, the Inferior Court, at the first term to which this case was made returnable, decided, upon this objection being taken, that the omission by the Clerk to sign the copy process was amendable, and accordingly the defect was cured, and did not, in fact, exist at the subsequent term when the motion was made to quash the proceeding.
The Court had jurisdiction, and no exception was…
2Cited by11 opinions
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- Georgia Southern & Florida Railway Co. v. PritchardSupreme Court of Georgia · 1905
- Lassiter v. CarrollSupreme Court of Georgia · 1891
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