Woodard v. Smith-Kassell Co.
Court of Appeals of Georgia
Certiorari; from Laurens superior court—Judge Kent. June 22, 1918. From the petition for certiorari and the answer it appears that when the case was sounded at the appearance term of the justice’s court the defendant demurred .in writing on the ground that there had been no legal service.
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Certiorari; from Laurens superior court—Judge Kent. June 22, 1918. From the petition for certiorari and the answer it appears that when the case was sounded at the appearance term of the justice’s court the defendant demurred .in writing on the ground that there had been no legal service. The plaintiff moved to enter up judgment in its favor, contending that proper service appeared from the officer’s return, which was not traversed, and that the defendant, by appearance and pleading “in the form of his demurrer,” had waived all irregularities in process, absence of process, and service. The…
1Opinion of the CourtWade, C. J.
In this ease there was an attempt to sue in a magistrate’s court on an open account, but the original summons was never signed by the magistrate, though the copy served upon the defendant appeared to be regular. The .defendant interposed a demurrer, on the ground that there had been no legal service, but he withdrew the demurrer, and thereupon filed a proper traverse to the return of the officer, complaining that there had been no legal service. Regardless of whether, under the requirement of section 4715 of the Civil Code that all suits before justices of the peace and notaries public who…
2Cases cited3 opinions
- Peeples v. StricklandSupreme Court of Georgia · 1897
- Farkas v. StewartSupreme Court of Georgia · 1884
- Jeffers v. WareSupreme Court of Georgia · 1883