Legal Opinion

Everett v. McCary

Court of Appeals of Georgia

Decided February 21, 1956No. 36063PublishedCited by 2 opinions

1Opinion of the CourtTownsend, J.

A void process is not amendable. ’Code § 81-1313. Under Code § 24-104 (6), “Every court has power ... to amend and control its processes and orders, so as to make them conformable to law and justice; and to amend its own records so as to make them conform to the truth.” In Pearson v. Jones, 18 Ga. App. 448 (1 a) (89 S. E. 536) it was held: “An irregularity in the direction of the process of a suit is amendable.” In Georgia Power Co. v. Ozburn, 53 Ga. App. 797 (1) (187 S. E. 154) it was held: “The process, not being directed to any officer authorized to serve process in the county of the…

2Cases cited5 opinions

  1. Neal-Millard Co. v. OwensSupreme Court of Georgia · 1902
  2. Mitchell v. LongSupreme Court of Georgia · 1885
  3. Pearson v. JonesCourt of Appeals of Georgia · 1916
  4. Nail v. PopwellCourt of Appeals of Georgia · 1924
  5. Georgia Power Co. v. OzburnCourt of Appeals of Georgia · 1936

3Cited by2 opinions

  1. Mincey v. StamperSupreme Court of Georgia · 1984
  2. Smith v. HartrampfCourt of Appeals of Georgia · 1962

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