Chastain v. Alford

(After stating the foregoing facts.)

It was not error for the court to permit the plaintiff to amend the execution so that it would conform to the verdict. If *320tbe judgment and execution were on their faces against the defendant in personam, to such an extent they were void, because the defendant was not served with a copy of the declaration and did nothing amounting to an appearance or waiver. The fact that the judgment and execution were void in so far as they sought to operate in personam did not affect them in so far as they operated in rem. Harvard v. Davis, 145 Ga. 580 (89 S. E. 740);…