Legal Opinion
Carroll v. Muller
Court of Appeals of Georgia
Decided November 23, 1923No. 14713, 14735PublishedCited by 16 opinions
1Opinion of the CourtBell, J.
1. If there has been no service of a suit nor a waiver thereof, the necessity of service is not dispensed with by the mere fact that the defendant may in some way learn of the filing of the suit. Davis v. Comer, 108 Ga. 117, 119 (33 S. E. 852, 75 Am. St. Rep. 33). On the other hand, if there has been a legal substituted service, as by leaving the process at the defendant’s residence, 'it will be immaterial whether the defendant ever had actual knowledge thereof. Cooper v. Fourth National Bank, 26 Ga. App. 44; 47 (105 S. E. 375), and eases cited. But no case can proceed without service upon…
2Cases cited2 opinions
- Davis v. Comer & Co.Supreme Court of Georgia · 1899
- Cooper v. Fourth National BankCourt of Appeals of Georgia · 1920
3Cited by16 opinions
- Wise v. HerzogCourt of Appeals for the D.C. Circuit · 1940
- Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
- Dunn v. DunnSupreme Court of Georgia · 1965
- American Photocopy Equipment Co. v. Lew Deadmore & Associates, Inc.Court of Appeals of Georgia · 1972
- Trammel v. National Bank of Ga.Court of Appeals of Georgia · 1981
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