Southern States Phosphate & Fertilizer Co. v. Clark
Supreme Court of Georgia
Questions certified by Court of Appeals (Case No. 9549).
1Opinion of the CourtGeorge, J.
1. Seetion 5566 of the Civil Code of 1910 provides: “The, entry of the sheriff or any officer of the court, or his deputy, may be traversed by the defendant at the first term after notice of such entry is had by him, and before pleading to the merits; but this shall not deprive the defendant of his right of action against the sheriff for a false return.”
(а) The traverse to the return .of the sheriff must be filed at the first term after notice of such entry, and before pleading to the merits.
(б) Where the return of service is made by a deputy sheriff, the sheriff also must be made a party to…
2Cases cited11 opinions
- Hobby v. BunchSupreme Court of Georgia · 1889
- Bell v. New Orleans & Northeastern RailroadCourt of Appeals of Georgia · 1907
- Dozier v. LambSupreme Court of Georgia · 1877
- O'Bryan & Bros. v. CalhounSupreme Court of Georgia · 1881
- Southern States Phosphate & Fertilizer Co. v. ClarkCourt of Appeals of Georgia · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Green v. SpiresSupreme Court of Georgia · 1940
- Strickland v. WillinghamCourt of Appeals of Georgia · 1934
- Jennings v. DavisCourt of Appeals of Georgia · 1955
- Swift v. SwiftSupreme Court of Georgia · 1940
- York v. EdwardsCourt of Appeals of Georgia · 1936
4 more not listed; retrieve them via the Exa API.