Lewallen v. Rogers

Nichols, Judge.

1. The defendant’s residence on the date on which suit is filed and summons served determines the county wherein an action for damages may be instituted against him. Weatherly v. Cotter, 142 Ga. 457 (83 S. E. 104).

2. Under the uncontradicted testimony of the defendant in this case, at the time suit was instituted against him in the City Court of Habersham County, and service purportedly perfected, he was a resident of Fulton County, Georgia, and the Superior Court of Fulton County, as alleged in the plea to the jurisdiction, had jurisdiction of the person of the defendant and…