Burnett & Goodman v. Central of Georgia Railway Co.

A summons of garnishment was issued and served “personally upon S. C. Hoge, agent in charge of the office of the Central of Georgia Railway Company.” Hoge filed an answer denying indebtedness. The court struck this answer, and entered a judgment by default against the railroad company, it not having filed any answer to the summons. The railroad company sued out a petition for certiorari, alleging that the judgment entered against it was unauthorized and void, and exception is taken to a judgment of the superior court sustaining the certiorari.

Civil Code, §4710, is as follows: “Service of a…