Lane v. Partee
Supreme Court of Georgia
Trusts and Trustees. Purchaser. Notice. Before Judge Robinson. Morgan Superior Court. May Adjourned Term, 1869. *This cause was before this Court before: See Thrasher et al., v. Partee and wife, 37th Georgia Reports, 392, where the bill and answers of Thrasher are fully reported. The sheriff returned on the 8th of June, 1867, that the bill was served on Lane by leaving a copy at his most notorious place of abode.
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Trusts and Trustees. Purchaser. Notice. Before Judge Robinson. Morgan Superior Court. May Adjourned Term, 1869. *This cause was before this Court before: See Thrasher et al., v. Partee and wife, 37th Georgia Reports, 392, where the bill and answers of Thrasher are fully reported. The sheriff returned on the 8th of June, 1867, that the bill was served on Lane by leaving a copy at his most notorious place of abode. On the 2d of September, 1867, Lane filed a traverse, averring that the paper so left by the sheriff was not a copy, but only a few detached sheets, being part of a copy of the bill.…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the. Court below, is the overruling the motion for a new trial. In our judgment there was no error in the refusal • of the Court to continue the cause for the purpose of allowing Lane to traverse the return of the sheriff, as to the service of the bill on him, or in refusing to allow the sheriff’s return of service to be traversed at the trial term of the case, after Lane had appeared in the cause as a defendant, and participated in the litigation.
The Court was requested to charge the jury, “that unless complainants showed that Thrasher had notice of the…
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- First National Bank v. PoundsSupreme Court of Georgia · 1927
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