Callaway v. Douglasville College
Supreme Court of Georgia
Complaint. Before Judge Janes. Douglas superior court. November term, 1895. To tbe May term, 1895, of tbe superior court, Mrs. Callaway sued tbe Douglasville College to recover aii amount alleged to be due ber. Tbe suit was brought in conformity to tbe Neel act of 1893. Tbe case was regularly set for trial for a day during tbe trial term.
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Complaint. Before Judge Janes. Douglas superior court. November term, 1895. To tbe May term, 1895, of tbe superior court, Mrs. Callaway sued tbe Douglasville College to recover aii amount alleged to be due ber. Tbe suit was brought in conformity to tbe Neel act of 1893. Tbe case was regularly set for trial for a day during tbe trial term. No plea was filed up to tbe time tbe case was called on tbat day, nor was any plea tlien offered, nor had any counsel marked bis name for defendant, and none was marked on tbe docket when tbe case was called. Plaintiff’s counsel moved to be allowed to take a…
1Opinion of the CourtLumpkin, J.
1. A legal return of service is essential in a civil action to give the court jurisdiction of the person of the defendant, and until such return has been made the defendant is not required to plead -to the merits.
2. Under the facts disclosed, there was no error in refusing to direct a verdict for the plaintiff, nor in continuing the case.
Judgment affirmed.
ground that bis associate was absent and bad left tbe courtroom because tbe court bad taken up tbe criminal docket and did not expect to take up any more civil business. Tbe sheriff’s entry of service did not show that any officer or agent…
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