Cox v. Potts
Supreme Court of Georgia
Service. Jurisdiction. Waiver. Attorney and Client. Practice in Superior Court. Before Judge HlLLYER. DeKalb Superior Court. March Term, 1881. An execution issued from the superior court of DeKalb County in favor of Potts against Cox, and was levied upon property of the defendant.
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Service. Jurisdiction. Waiver. Attorney and Client. Practice in Superior Court. Before Judge HlLLYER. DeKalb Superior Court. March Term, 1881. An execution issued from the superior court of DeKalb County in favor of Potts against Cox, and was levied upon property of the defendant. He filed an affidavit of illegality thereto on the following grounds : (i.) Because there was no legal verdict or judgment ■ in the case from which said fi. fa. issued to1 authorize the issuance of said fi. fa., there being no appearance and pleading by defendant, and it appearing to the court when the verdict was…
1Opinion of the Court
Jacicson, Chief Justice.
The legal question made in this record is whether the answer by counsel and marking their names to the bench docket is equivalent to appearance and pleading, so as to give jurisdiction to the court of a county where the defendant does not reside, and when the only service upon him is that of leaving a copy of the declaration at his late residence, and placing it there in the hands of a man who is not even his agent, and when the counsel were not even specially employed to defend the case on the merits, but only to plead to the jurisdiction or throw it out, and where…
2Cases cited3 opinions
- Johnson v. ShurleySupreme Court of Georgia · 1877
- Dalton City Co. v. Dalton Manufacturing Co.Supreme Court of Georgia · 1862
- Sindall v. H. C. Thacker & Co.Supreme Court of Georgia · 1876
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- Roberts v. BienertCourt of Appeals of Georgia · 1987
- Milam v. TerrellSupreme Court of Georgia · 1958
- Ware v. LamarCourt of Appeals of Georgia · 1915
- Kahn v. Southern Building & Loan Ass'nSupreme Court of Georgia · 1902
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