Legal Opinion
Seaboard Air-Line Railway v. Davis
Court of Appeals of Georgia
Decided June 25, 1913No. 4776PublishedCited by 8 opinions
Certiorari; from McIntosh superior court — Judge Sheppard. January 25, 1913.
1Opinion of the CourtPottle, J.
Suit was brought in a justice’s court against the Seaboard Air-Line Railway, and the officer’s return of service was as follows: “I have this day served a copy of the within summons upon the S. A. L. Ry. Co., Mch. 20-12. Louis Bailey, Constable.” The defendant failed to appear, and a default judgment was entered in favor of the plaintiff. To the levy of the execution the defendant filed an illegality, setting up that the judgment was void for want of a legal return of service. On motion of the plaintiff the constable was allowed to amend his return of service, by stating that he had served…
2Cases cited4 opinions
- Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
- Southern Express Co. v. National BankCourt of Appeals of Georgia · 1908
- News Printing Co. v. Brunswick Publishing Co.Supreme Court of Georgia · 1901
- Marsh v. Phillips, Jr. & Co.Supreme Court of Georgia · 1886
3Cited by8 opinions
- Render & Hammett v. Hartford Fire InsuranceCourt of Appeals of Georgia · 1925
- Daniel & Daniel, Inc. v. Stewart Brothers, Inc.Court of Appeals of Georgia · 1976
- McDuffie Oil & Fertilizer Co. v. IlerCourt of Appeals of Georgia · 1922
- Tifton Compress Co. v. RobinsonCourt of Appeals of Georgia · 1923
- Tennessee Chemical Co. v. HarperCourt of Appeals of Georgia · 1923
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