Swanson v. Holloway

Hall, Presiding Judge.

Plaintiff appeals from the grant of summary judgment to the defendant On the grounds of the pendency of a former suit. Code §§ 3-601, 3-607.

In November of 1971, plaintiff did not know the residence of defendant, an individual. He therefore filed an action in Fulton County where defendant had an office. The serving sheriff merely left a copy of the pleadings and process with a secretary. The defendant specially appeared and filed a motion to quash entry of service and .also an answer and counterclaim which specifically reserved his defense of lack of jurisdiction of his…