Phaup v. Jervey
Supreme Court of Georgia
1Opinion of the Court
Bell, Justice.
1. In an undefended suit on a verified account in a justice’s court, the affidavit is sufficient proof where the defendant is served personally; but where service has been made by leaving a copy of the writ at the defendant’s residence, other evidence is necessary. Peeples v. Sethness Co., 119 Ga. 777 (47 S. E. 170) ; Dixon v. Holliman, 37 Ga. App. 353 (3) (140 S. E. 384); Code of 1933, § 24-1302.
2.* The lack of other proof, however, in case of service by leaving a copy at the defendant’s residence does not render a judgment for the plaintiff void. Brown v. Webb, 121 Ga. 281 (48…
2Cases cited4 opinions
- Royal v. McPhailSupreme Court of Georgia · 1895
- Peeples v. Sethness Co.Supreme Court of Georgia · 1904
- Brown v. WebbSupreme Court of Georgia · 1904
- Dixon v. HollimanCourt of Appeals of Georgia · 1927