Legal Opinion
Tow v. Evans
Supreme Court of Georgia
Decided June 18, 1942No. 14088PublishedCited by 11 opinions
1Opinion of the Court
Atkinson, Presiding Justice.
1. A fundamental question is jurisdiction of the court. The petition proceeds on the theory of equitable jurisdiction in rem by seizure of the property in this State of a non-resident debtor, as in Edwards Manufacturing Co. v. Hood, 167 Ga. 144 (3) (145 S. E. 87), based on constructive service. There was no pretense of personal service or waiver of service; and the question is, was constructive service perfected as provided by the statute?
2. It is declared in the Code, § 81-205, that where any nonresident person shall claim or own personal property in this State,…
2Cases cited13 opinions
- Carpenter v. BellTennessee Supreme Court · 1896
- Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Jones v. StateSupreme Court of Alabama · 1937
- Faughnan v. BashlorSupreme Court of Georgia · 1927
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brown v. Five Points Parking CenterCourt of Appeals of Georgia · 1970
- Focus Healthcare Medical Center, Inc. v. O’nealCourt of Appeals of Georgia · 2002
- Summer v. AllisonCourt of Appeals of Georgia · 1972
- Registrar & Transfer Co. v. Director, Div. of Tax.New Jersey Superior Court Appellate Division · 1979
- Nashville Trust Co. v. CleageSupreme Court of Alabama · 1945
6 more not listed; retrieve them via the Exa API.