James v. Edward Thompson Co.
Court of Appeals of Georgia
Affidavit of illegality; from city court of Atlanta — Judge H. M. Reid. March 6, 1915.
1Opinion of the CourtBroyles, J.
1. A codefendant residing in a different county from that in which the suit is brought may waive the issue of a second original and process, and such waiver will bind him. Humphries v. McWhorter, 25 Ga. 37.
(а) In such a ease it is not necessary that the acknowledgment of service be written upon the second original. It may be made upon a separate piece of paper and attached to the petition. Hill v. Hatcher, 53 Ga. 292.
(б) An acknowledgment of service may be made before the declaration or petition is filed. Steadman v. Simmons, 39 Ga. 591 (3); Weslow v. Peavy, 51 Ga. 210; Langford, v. Driver,…
2Cases cited5 opinions
- Steadman v. SimmonsSupreme Court of Georgia · 1869
- Humphries v. McWhorter & BrightwellSupreme Court of Georgia · 1858
- Bertody v. IsonSupreme Court of Georgia · 1882
- Langford v. DriverSupreme Court of Georgia · 1883
- Weslow v. J. Peavy & Bros.Supreme Court of Georgia · 1874
3Cited by10 opinions
- Henry & Co. v. JohnsonSupreme Court of Georgia · 1933
- Russell v. RussellSupreme Court of Georgia · 1987
- Montgomery v. NunnallyCourt of Appeals of Georgia · 1931
- City of LaGrange v. FrosolonaCourt of Appeals of Georgia · 1935
- Felker v. StillCourt of Appeals of Georgia · 1926
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