Davant v. Carlton
Supreme Court of Georgia
Judgments, Service. Presumptions. Attorneys, Before Judge Barílett» Greene Superior Court. 'March Term, 1874. This case is sufficiently-reported in the above head-notes.
1Opinion of the Court
McCay, Judge.
1. By the common law, the entry of the sheriff, in a case like this, was conclusive: Higgs vs. Huson, 8th Georgia, 321, *492The party injured, if the return was false, had hilfcremedy against the sheriff. Our Code, section 3340, provides that the entry of service is traversable. The evils of such a practice, at least, after judgment, are so manifest, especially since the defendant may now be a witness, that we think the public interest requires the strongest proof that the entry is false, before it should be set aside. That same public, policy that made such an entry conclusive,…
2Cited by6 opinions
- Denham v. JonesSupreme Court of Georgia · 1895
- Storey v. WeaverSupreme Court of Georgia · 1881
- Gardner v. Lincoln Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Londeau v. DavisCourt of Appeals of Georgia · 1975
- Trager v. WebsterMassachusetts Supreme Judicial Court · 1899
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