Legal Opinion

Martin v. City of Tifton

Court of Appeals of Georgia

Decided March 23, 1909No. 1654PublishedCited by 3 opinions

Certiorari, from Tift superior court — .Judge Mitchell. December 7, 1908.

1Opinion of the CourtHill, C. J.

1. At common law, process was served on a municipal corpora' tion by serving its mayor or other head officer, as being the “most visible part of the corporation.” In the absence of statutory provision, this manner of service of process upon municipalities is still valid. Therefore, in a certiorari proceeding in which the municipality is the defendant in certiorari, notice of the sanction of the writ, and of the time and place of hearing, directed to the mayor of the named municipality and served upon him as mayor, is a sufficient compliance with section 4644 of the Civil Code. 14 Enc. PI. &…

2Cases cited1 opinion

  1. Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885

3Cited by3 opinions

  1. Gibbs v. City of Social CircleSupreme Court of Georgia · 1940
  2. Barrett v. City of ChambleeCourt of Appeals of Georgia · 1968
  3. Attebery v. City of ManchesterCourt of Appeals of Georgia · 1947

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