Telford v. Coggins
Supreme Court of Georgia
Justice Courts. Pleadings. Service. Certiorari. Before Judge Hutchins. Banks Superior Court. September Term, 1885. Kfi.fa. issuing from a justice’s court in favor of J. N. Coggins against J. C. King, was levied on certain personal property, and J. L. Telford interposed a claim. An appeal to a jury was taken. The plaintiff offered thefi.fa. in evidence.
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Justice Courts. Pleadings. Service. Certiorari. Before Judge Hutchins. Banks Superior Court. September Term, 1885. Kfi.fa. issuing from a justice’s court in favor of J. N. Coggins against J. C. King, was levied on certain personal property, and J. L. Telford interposed a claim. An appeal to a jury was taken. The plaintiff offered thefi.fa. in evidence. It was objected to on the ground that it did not follow the j udgment, and that no service appeared from the entries on the justice’s docket. The first objection was overruled, but the justice required proof of service. The plaintiff then…
1Opinion of the Court
Hall, Justice.
This certiorari was properly disposed of.
1. The summons which called the defendant to court conformed substantially to the requirements of the Code, §4139. It is true that it was directed to the defendant, instead of to any lawful constable of the county, and that the names of the parties did not appear on its face, although they were elsewhere on the paper, as also on the cause of action attached to the summons. These defects were amendable, and were perhaps cured by the judgment; they were, at most, mere irregularities. Code, §206, sub-sec. 6, 3490.
2. The entry of service by…
2Cited by13 opinions
- Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
- Western & Atlantic Railroad v. PittsSupreme Court of Georgia · 1887
- Winn v. ButtsSupreme Court of Georgia · 1907
- Pearson v. JonesCourt of Appeals of Georgia · 1916
- Lanier v. KellyCourt of Appeals of Georgia · 1909
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