Legal Opinion

Hall v. Young L. G. Harris College

Court of Appeals of Georgia

Decided October 2, 1928No. 19072PublishedCited by 4 opinions

1Opinion of the CourtBroyles, C. J.

“Process is a mandatory precept, issuing from a court. The mandate is set forth in the body of the instrument, which we call a process, and this may be printed or written out by any scrivener, but it is the signature of the proper officer which gives it efficacy. [Italics ours.] From the instrument itself, the person to whom it is addressed, or who is to be affected by it, learns what is required of him; from the official signature ho learns that it emanates from a court authorized so to command him. The mandate, without the authenticating signature, is no more ‘process" than would be the…

2Cases cited4 opinions

  1. Chapman v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917
  2. Union Marine Fire Insurance v. McDermottCourt of Appeals of Georgia · 1924
  3. Brown & Carmichael v. Way & TayLorSupreme Court of Georgia · 1862
  4. Thomas v. StateCourt of Appeals of Georgia · 1917

3Cited by4 opinions

  1. In re the Estate of SmithNew York Surrogate's Court · 1940
  2. Hall v. KimseyCourt of Appeals of Georgia · 1934
  3. Kimsey v. HallCourt of Appeals of Georgia · 1942
  4. Gilbert v. Brotherton Inc.Court of Appeals of Georgia · 1934

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