McDuffie Oil & Fertilizer Co. v. Iler
Court of Appeals of Georgia
Complaint; from Fulton superior court — Judge Pendleton. March 15, 1922.
1Opinion of the CourtLuke, J.
1. In all cases where there has been good service by the proper officer, but an irregular or incomplete return, the defect may be cured by an entry making the return conform to the facts.(a) The issue- here presented is upon the court’s refusal to allow the officer serving the petition and process to amend his return of serivee so that it would conform to the facts. The court erred in disallowing the proffered amendment. See Jones v. Bibb Brick Co., 120 Ga. 321 (48 S. E. 25); American Railway Express Co. v. Reville, 28 Ga. App. 249 (111 S. E. 05).(b) An irregular or incomplete entry of…
2Cases cited6 opinions
- Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
- In Re Will of McKaySupreme Court of North Carolina · 1922
- Seaboard Air-Line Railway v. DavisCourt of Appeals of Georgia · 1913
- Barrett & Williford v. Black, Cobb, & Co.Supreme Court of Georgia · 1858
- Collins v. CampSupreme Court of Georgia · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Render & Hammett v. Hartford Fire InsuranceCourt of Appeals of Georgia · 1925
- Aetna Casualty & Surety Co. v. SampleyCourt of Appeals of Georgia · 1963
- Tennessee Chemical Co. v. HarperCourt of Appeals of Georgia · 1923
- Farmers Elevator Co. v. KapaunSouth Dakota Supreme Court · 1941
- McDuffle Oil & Fertilizer Co. v. IlerCourt of Appeals of Georgia · 1923
1 more not listed; retrieve them via the Exa API.