Legal Opinion

Phaup v. Jervey

Supreme Court of Georgia

Decided May 17, 1935No. 10651Published

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

  1. Royal v. McPhailSupreme Court of Georgia · 1895
  2. Peeples v. Sethness Co.Supreme Court of Georgia · 1904
  3. Brown v. WebbSupreme Court of Georgia · 1904
  4. Dixon v. HollimanCourt of Appeals of Georgia · 1927

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