Baker v. Thompson
Supreme Court of Georgia
Process. Nullities. Practice in Superior Court. Waiver. Estoppel. New Trial. Before Judge Lumpkin. Warren-Superior Court. April Term, 1885. Thompson sued Mayes on an unconditional contract in writing to April term, 1874, of Warren superior court. The process- attached to the original petition bears date March 17,1874, and requires-defendant “ to be and appear at the superior court, to be held in and for said county on the first Monday in April next.”
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Process. Nullities. Practice in Superior Court. Waiver. Estoppel. New Trial. Before Judge Lumpkin. Warren-Superior Court. April Term, 1885. Thompson sued Mayes on an unconditional contract in writing to April term, 1874, of Warren superior court. The process- attached to the original petition bears date March 17,1874, and requires-defendant “ to be and appear at the superior court, to be held in and for said county on the first Monday in April next.” At the October term, 1874, the following order was taken: “ There having been no service of defendant in this case, or waiver . of service, upon…
1Opinion of the Court
Hall, Justice.
The court, we think, erred in holding the judgment rendered in this case void, and was certainly right in correcting his error by awarding a new trial on the plaintiffs’ motion. The process attached to the declaration was regular and proper as first issued. There was no service of it to call the defendant to tho term of the court to which it was returnable, and the omission was not discovered until the trial term, when an order was passed by the court, the effect of which was to make the case returnable to the succeeding term, and to afford the party an opportunity to have the…
2Cases cited1 opinion
- Blake v. CampSupreme Court of Georgia · 1872
3Cited by13 opinions
- Sims v. SimsSupreme Court of Georgia · 1910
- Malcom v. KnoxCourt of Appeals of Georgia · 1950
- Lamb v. TuckerSupreme Court of Georgia · 1916
- Mutual Benefit Health & Accident Ass'n v. WhiteCourt of Appeals of Georgia · 1933
- Fielding v. M. Rich & Bros.Court of Appeals of Georgia · 1933
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