Singer Sewing Machine Co. v. Rosenberg
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge George L. Bell. June 10, 1921. ' The vendor in a conditional sale of a sewing machine brought trover for it against the vendee, in the municipal court of Atlanta.
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Certiorari; from Fulton superior court — Judge George L. Bell. June 10, 1921. ' The vendor in a conditional sale of a sewing machine brought trover for it against the vendee, in the municipal court of Atlanta. The petition was filed August 26, 1920, and a form of original process was annexed, purporting to bear test in the name of the judge and requiring the defendant to appear on the third Monday in September following; but the original process was unsigned by the clerk or his deputy. On September 20, 1920, the judgje passed an order providing that, as “ process has never been served on the…
1Opinion of the CourtJenkins, P. J.
1. “ Attached to the original petition was the form of a process, but with no signature of the clerk thereto. To the copy of the petition which was served upon the defendant was attached a complete process duly signed.” “ The defect in the process attached to the original petition was amendable, and might be cured by the clerk’s attaching his signature thereto nunc pro tunc.” Myers v. Griner, 120 Ga. 723 (2), 725 (48 S. E. 113). In the instant case the sole question, under the agreement of counsel, was whether the previous judgment pleaded by the defendant and collaterally attacked by the…
2Cases cited3 opinions
- Baker v. ThompsonSupreme Court of Georgia · 1886
- Myers v. GrinerSupreme Court of Georgia · 1904
- Rowland v. TownsSupreme Court of Georgia · 1904
3Cited by3 opinions
- Whaley v. WhaleySupreme Court of Georgia · 1951
- Duren v. PollockCourt of Appeals of Georgia · 1933
- Simmons v. Mullis Auto Sales, Inc.Court of Appeals of Georgia · 1965