McClendon v. Ward-Truitt Co.
Court of Appeals of Georgia
Affidavit of illegality; from city court of LaGrange—Judge Harwell. June 6, 1916. On February 22, 1913, Ward-Truitt Company filed suit on account in the city court of LaGrange against J. H. McClendon. The sheriff of that court, on March 2, 1913, made an entry that he had served the defendant personally with a copy of the said suit and process. The case was marked in default, and on March 20, 1913, the court rendered judgment against the defendant.
Read the full summary
Affidavit of illegality; from city court of LaGrange—Judge Harwell. June 6, 1916. On February 22, 1913, Ward-Truitt Company filed suit on account in the city court of LaGrange against J. H. McClendon. The sheriff of that court, on March 2, 1913, made an entry that he had served the defendant personally with a copy of the said suit and process. The case was marked in default, and on March 20, 1913, the court rendered judgment against the defendant. A fi. fa. on the judgment was issued.on March 25, 1913, and was on December 30, 1914, levied on certain property of the defendant; and the…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The court had the right, and it was its duty, under the facts in this case, to grant the order to perfect service at the term subsequent to the appearance term. As soon as it came to the plaintiff’s knowledge that service had not been perfected, it moved to have service perfected, and it should not suffer by the conduct of the sheriff, whose entry had misled the plaintiff. In Branch v. Mechanics Bank, 50 Ga. 413, 416, it was said by Judge Trippe that “five terms of the court had passed after the filing of the declaration and the return made by the sheriff…
2Cases cited6 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Branch v. Mechanics' BankSupreme Court of Georgia · 1873
- Allen v. Mutual Loan & Banking Co.Supreme Court of Georgia · 1890
- Brunswick Hardware Co. v. BinghamSupreme Court of Georgia · 1900
- Lassiter v. CarrollSupreme Court of Georgia · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gulf Oil Corporation v. SimsCourt of Appeals of Georgia · 1965
- Church v. ChurchSupreme Court of Georgia · 1921
- Nail v. PopwellCourt of Appeals of Georgia · 1924
- Hutchins v. HunterCourt of Appeals of Georgia · 1975
- Stahle v. JonesCourt of Appeals of Georgia · 1939
5 more not listed; retrieve them via the Exa API.