Loyd v. Welch
Supreme Court of Georgia
Complaint. In Bibb Superior Court. Tried before Judge Cole. May Term, 1866. The error alleged in this case was the refusal of the Court below to dismiss the action, because tlie process was made returnable to the November Term, 1865, and no service upon the defendants, according to the Sheriff’s return, took place until May 5th, 1866. The transei’ipt of the record sent up to the Supreme Court showed that a verdict was rendered for the plaintiff, in the Court below, after…
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Complaint. In Bibb Superior Court. Tried before Judge Cole. May Term, 1866. The error alleged in this case was the refusal of the Court below to dismiss the action, because tlie process was made returnable to the November Term, 1865, and no service upon the defendants, according to the Sheriff’s return, took place until May 5th, 1866. The transei’ipt of the record sent up to the Supreme Court showed that a verdict was rendered for the plaintiff, in the Court below, after this ruling; and that the defendants (plaintiffs in error here) entered an appeal. The appeal bond boars date July 9th, and…
1Opinion of the CourtHarris, J.
[1] We are precluded from considering whether the Court exercised a sound discretion or not, in allowing the process of the Court which issued, unquestionably correctly, in which there was no error, and was according to the truth of the case, to be amended so as to make the date of its issue conform to the service of the Sheriff, in May, 1866; months after the period had expired, when, according to law, the writ should have been returned to office. We regret this, as it *105would have furnished a proper case in which to have given an expression of opinion, as to whether there are not rational and…
2Cited by1 opinion
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