Legal Opinion
Gulf Oil Corporation v. Sims
Court of Appeals of Georgia
Decided June 25, 1965No. 41364PublishedCited by 15 opinions
1Opinion of the Court
Hall, Judge.
When a petition is filed but is not served as provided by law (Code Ann. § 81-202) the plaintiff may by motion or petition call upon the court’s discretion to order belated service. Allen v. Mutual Loan &c. Co., 86 Ga. 74 (12 SE 266); Brunswick Hdw. Co. v. Bingham, 110 Ga. 526, 527 (35 SE 772); Nelson v. Lovett, 104 Ga. App. 770, 773 (123 SE2d 4). The issue raised by a petition seeking belated service of an action is whether the plaintiff has taken diligent action since bringing the action in an effort to perfect service. If the plaintiff has taken no action the petition should be…
2Cases cited15 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Allen v. Mutual Loan & Banking Co.Supreme Court of Georgia · 1890
- Green v. SpearsSupreme Court of Georgia · 1935
- Brunswick Hardware Co. v. BinghamSupreme Court of Georgia · 1900
- Church v. ChurchSupreme Court of Georgia · 1921
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hilton v. Maddox, Bishop, Hayton Frame & Trim Contractors, Inc.Court of Appeals of Georgia · 1972
- Watters v. ClassonCourt of Appeals of Georgia · 1989
- Anderson v. HughesCourt of Appeals of Georgia · 1990
- Land v. CasteelCourt of Appeals of Georgia · 1990
- McNeal v. AbleCourt of Appeals of Georgia · 1975
10 more not listed; retrieve them via the Exa API.