Denham v. Jones
Supreme Court of Georgia
Traverse of sheriff’s return. Before Judge Jenkins. Putnam superior court. March term, 1894. To the levy of an execution issued upon the foreclosure of a mortgage, the defendant filed an affidavit of illegality for want of service of the rule nisi in the foreclosure proceeding, and traversed the return of the sheriff', which stated that he served the defendant personally with copy of the petition.and rule nisi on March 25, 1893. The testimony upon this issue was directly…
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Traverse of sheriff’s return. Before Judge Jenkins. Putnam superior court. March term, 1894. To the levy of an execution issued upon the foreclosure of a mortgage, the defendant filed an affidavit of illegality for want of service of the rule nisi in the foreclosure proceeding, and traversed the return of the sheriff', which stated that he served the defendant personally with copy of the petition.and rule nisi on March 25, 1893. The testimony upon this issue was directly conflicting. Defendant testified positively that he was never served personally or otherwise; and he was corroborated in…
1Opinion of the Court
Atkinson, Justice.
The official report contains the only statement as to the evidence and the record material to a clear understanding of the questions made.
A return of service entered upon a declaration is not conclusive as to the facts therein recited. It may be traversed and impeached by proof that it is untrue. It is of itself, however, evidence of a high order, and can only be set aside upon evidence which is not only clear and convincing, but the strongest of which the nature of the case will admit. It is not proper, however, in instructing the jury as to the character of the evidence…
2Cases cited1 opinion
- Davant v. CarltonSupreme Court of Georgia · 1874
3Cited by27 opinions
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- Rupee v. Mobile Home Brokers, Inc.Court of Appeals of Georgia · 1971
- Williams v. MellsCourt of Appeals of Georgia · 1976
- Patterson v. ColemanSupreme Court of Georgia · 1984
- Attwell v. Heritage Bank Mt. PleasantCourt of Appeals of Georgia · 1982
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