Collins v. Kennedy

1. In a suit in a justice’s court, service made after the expiration of the term to which the suit is returnable amounts to no service whatever, and is void; and in such a case no judgment can legally be rendered against the defendant where service is not waived. Western & Atlantic R. Co. v. Pitts, 79 Ga. 532 (2) (4 S. E. 921); Peck v. LaRoche, 86 Ga. 314 (12 S. E. 638) ; Civil Code (1910), § 5570.

2. It is unnecessary to traverse an entry of service which shows upon its face that the service was void. Hence, where a constable’s return affirmatively disclosed that the attempted service was not…