Cone v. Eubanks

1. Where a judgment was attacked on the ground that the defendant was a non-resident of the State at the date of suit, and that the only return of service was by leaving a copy “at his most notorious place of abode” in the county where the suit was brought, and that the judge rendering the judgment was not legally qualified to do so, affidavit of illegality would lie. Planters Bank v. Berry, 91 Ga. 264 (18 S. E. 137); McKnight v. Wilson, 158 Ga. 160 (3) (122 S. E. 702); Bedingfield v. First National Bank, 4 Ga. App. 197 (61 S. E. 30). In these circumstances the petitioner had an adequate…