Weslow v. J. Peavy & Bros.
Supreme Court of Georgia
Service. Waiver. Filing. Judgment. Practice in the Superior Court." Before Judge Schley. Chatham Superior Court. May Term, 1873. J. Peavy & Brothers brought complaint to the May term, 1871, of Chatham superior court, against Ferrill & Weslow, on a note dated March 17th, 1870, due at-sixty days, for $1,500 00. Service was acknowledged, and copy process and time of filing waived, on February 2d, 1871. On March 25th, 1872, during the i^xt regular term of the court, the…
Read the full summary
Service. Waiver. Filing. Judgment. Practice in the Superior Court." Before Judge Schley. Chatham Superior Court. May Term, 1873. J. Peavy & Brothers brought complaint to the May term, 1871, of Chatham superior court, against Ferrill & Weslow, on a note dated March 17th, 1870, due at-sixty days, for $1,500 00. Service was acknowledged, and copy process and time of filing waived, on February 2d, 1871. On March 25th, 1872, during the i^xt regular term of the court, the declaration was filed iu office. Ou September 6th, 1872, during the succeeding term, judgment was rendered by default in favor…
1Opinion of the Court
Trippe, Judge.
More than twenty days before the May term, 1871, of Chat-ham superior court, plaintiff in error acknowledged service of the declaration and waived copy and process, and the time of filing the writ. The writ was filed during the next January *211term, which was the second term after the acknowledgment and waiver. Judgment was rendered at the next term after the filing.
Is that judgment valid? As between the parties, the case of Steadman vs. Simmons, 39 Georgia, 591, is a precedent that it is.- There was a similar waiver in that case. It is true the clerk had entered on the declaration…
2Cited by7 opinions
- Jones v. JonesSupreme Court of Georgia · 1953
- Henry & Co. v. JohnsonSupreme Court of Georgia · 1933
- James v. Edward Thompson Co.Court of Appeals of Georgia · 1916
- Tatum v. TatumSupreme Court of Georgia · 1948
- Russell v. RussellSupreme Court of Georgia · 1987
2 more not listed; retrieve them via the Exa API.