Baxley v. Bennett
Supreme Court of Georgia
Motion to dismiss an action, in Burke Superior Court. Decided by Judge Holt, at November Term, 1861. Jabez B. Baxley instituted an action in Burke Superior Court against William Bennett, to recover the amount of an account. The writ was filed in the Clerk’s office on the lltli day of October, 1861, and process issued on the same day.
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Motion to dismiss an action, in Burke Superior Court. Decided by Judge Holt, at November Term, 1861. Jabez B. Baxley instituted an action in Burke Superior Court against William Bennett, to recover the amount of an account. The writ was filed in the Clerk’s office on the lltli day of October, 1861, and process issued on the same day. A copy of the petition and process was served on the defendant by the deputy sheriff of Burke county, on the 28th day of October, 1861. The term of the Court to which the process was returnable, opened on the 11th day of November, 1861. When the case was sounded…
1Opinion of the Court
By the Court —
Jenkins, J., delivering the opinion..
1. The Act of 1856 (pamphlet, 136,) provides that sheriffs and their deputies “shall be allowed, for the purpose of serving all writs or declarations, at common law, or bills in equity, five days after the time now fixed by law for filing the same in the Clerk’s office.” The time therein mentioned, as “ fixed by law” for filing, etc., must be taken to be the latest day so fixed or designated. By the judiciary Act of 1799, actions at law are required to be filed in the Clerk’s office twenty days before the term of the Court to which they'are…
2Cited by3 opinions
- Rusk v. HillSupreme Court of Georgia · 1903
- Mount Vernon Bank v. GibbsCourt of Appeals of Georgia · 1907
- Hardin v. Mutual Clothing Co.Court of Appeals of Georgia · 1925