Falvey v. Jones

Simmons, Justice.

Falvey, the plaintiff in error, filed his petition in Fulton superior court to foreclose a mortgage on certain land in Fulton county. The defendant, Jones, resided in Haber-sham county. A rule nisi was issued, and served on Jones by one Dairs, a private individual, who resided in Haber-sham county. He made affidavit that he had served Jones with a copy of said rule nisi. At the second term of the court, plaintiff’s counsel moved to make the rule absolute which motion was refused by the presiding judge, upon the ground that Jones, the defendant, had not been served legally…