Davis v. Bank of Lexington
Court of Appeals of Georgia
Complaint; from city court of Lexington — Judge Sutton presiding. February 23, 1922.
1Opinion of the CourtJenkins, P. J.
1. Tlie provision of section 5571 of the Civil Code (1910), that “ if the sheriff is a party to the cause, the process shall he directed to the coroner of the county, and to the sheriffs of the adjoining coun*455ties, and may be served by either, as convenience may suggest,” is mandatory. A deputy of such a sheriff may not serve such process under any authority given by section 5564, and process or service in contravention of the statutory inhibition is void. Hillyer v. Pearson, 118 Ga. 815 (45 S. E. 701); Civil Code (1910), § 614. The inhibition as prescribed by the code and as interpreted in…
2Cases cited9 opinions
- Roberts v. RobertsSupreme Court of Georgia · 1902
- Buckeye Refining Co. v. KellyCalifornia Supreme Court · 1912
- Johnson v. ShurleySupreme Court of Georgia · 1877
- Hillyer v. PearsonSupreme Court of Georgia · 1903
- Flury v. GrimesSupreme Court of Georgia · 1874
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3Cited by1 opinion
- Wynn v. MaddoxCourt of Appeals of Georgia · 1924