Benton v. Maddox

The facts of this ease are set out in 52 Ga. App. 813, 817 (184 S. E. 788). . On the last trial the defendant in ñ. fa. assumed the burden of proof, and testified that he had never been served with any such suit as that on which the judgment was predicated. The same facts as set forth in the former opinion of this court were shown. The testimony of Maddox, the defendant in fi. fa., was objected to on the ground that he was incompetent as a witness to testify that he had not been served and that the sheriff did not in fact serve the papers, when the sheriff himself was not a party to the case,…