Legal Opinion

Deich v. American Discount Co.

Supreme Court of Georgia

Decided March 7, 1963No. 21931PublishedCited by 3 opinions

1Opinion of the Court

Duckworth, Chief Justice.

Where an entry of record made by the proper officer recites that the defendants were personally served with a copy of the process, it is conclusive evidence of service until set aside by a traverse as provided in Code § 81-214. To be valid such traverse must deny the truth of the entry of service. Dozier v. Lamb, 59 Ga. 461; Parker v. Rosenheim, 97 Ga. 769 (25 SE 763). But if the purported traverse as originally filed falls short of the requirements of law, is amended without objection to meet all requirements, an exception to a ruling on a motion to dismiss the…

2Cases cited3 opinions

  1. O'Shields v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
  2. Dozier v. LambSupreme Court of Georgia · 1877
  3. Parker v. Rosenheim & Co.Supreme Court of Georgia · 1896

3Cited by3 opinions

  1. Saint Francis Hospital, Inc. v. DionCourt of Appeals of Georgia · 1971
  2. Braselton v. BradburyCourt of Appeals of Georgia · 1967
  3. Deich v. American Discount Co.Court of Appeals of Georgia · 1963

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