J.B. Ross & Son v. Jones
Supreme Court of Georgia
Process. Waiver. Amendment. Before Judge Hill. Houston Superior Court. May Adjourned Term, 1873. Ross & Son brought complaint to the February term, 1870, of Houston superior court, against Jones, on a note dated January 1st, 1867, due January 1st, 1870, for $200 00. No process was annexed to the declaration.
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Process. Waiver. Amendment. Before Judge Hill. Houston Superior Court. May Adjourned Term, 1873. Ross & Son brought complaint to the February term, 1870, of Houston superior court, against Jones, on a note dated January 1st, 1867, due January 1st, 1870, for $200 00. No process was annexed to the declaration. The defendant acknowledged service thereon in the following words : “I acknowledge due and legal 'service of this writ, and waive copy. 1st February, 1870.” At the December term, 1870, judgment was rendered by default. At the May adjourned term, 1873, the defendant moved to set aside said…
1Opinion of the Court
Trippe, Judge.
1. The law requires that a process shall be annexed to the petition and copy petition, unless the same be waived: Code, section 3334; and that it shall be served on the defendant: Section 3339. Process and service may be waived by a writing signed by the defendant or some one authorized by him: Section 3337. Appearance and pleading shall be a waiver of all irregularities of the process, or of the absence of the process, and the service thereof: Section 3335. Here, then, are the requisitions of the law, and the provisions as to how they shall be executed, and of what will…
2Cited by8 opinions
- Tyree v. JacksonSupreme Court of Georgia · 1970
- Wheeler v. MartinSupreme Court of Georgia · 1916
- Neal-Millard Co. v. OwensSupreme Court of Georgia · 1902
- Seisel & Co. v. WellsSupreme Court of Georgia · 1896
- Kennedy v. RedwineSupreme Court of Georgia · 1877
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