Gates v. Gates

Duckworth, Justice.

The defendant’s motion to dismiss is based upon the ground that he is a resident of North Carolina, and that there is no prayer for service by publication and no order of the court perfecting service, and that the prayer for a second original to be served upon the defendant’s counsel in Fulton County, Georgia, is without authority of law. The petition as amended shows that the defendant is a non-resident, and prays for service by publication. The record shows that service was perfected, and an order of the court to this effect was duly entered. It is apparent that the…