Water Lot Co. v. Bank of Brunswick
Supreme Court of Georgia
Rule Nisi to set aside Judgment, from Muscogee county. Decision by Judge Worrill, May Term, 1859. The plaintiff in error moved a rule nisi, calling upon the Bank of Brunswick to show cause why two certain judgments embraced in the rule should not be set aside for want of jurisdiction in the Court rendering the same.
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Rule Nisi to set aside Judgment, from Muscogee county. Decision by Judge Worrill, May Term, 1859. The plaintiff in error moved a rule nisi, calling upon the Bank of Brunswick to show cause why two certain judgments embraced in the rule should not be set aside for want of jurisdiction in the Court rendering the same. Alfred H. Colquitt, as assignee of said judgments, answered the rule, and stated that he was the owner of said judgments by assignment for value, and that the service of the process upon the defendant by the sheriff was a sufficient service to give jurisdiction to the Court…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
TJhere is but a single point in this case, and that is, whether service upon the head of a corporation, by leaving a copy of the writ at his notorious place of abode, is sufficient?
At common law, all service had to be personal. The Act of 1799 authorizes service to be made by leaving a copy at the notorious place of residence of the defendant. By our statutes, notorious place of residence and notorious place of abode are legal synonyms : Cobb, 471, 528, 530.
The Act of 1845, Cobb, sec. 80, comes in aid of the common law and of the Judiciary Act of…
2Cited by7 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Robinson v. Bryson & SonsCourt of Appeals of Georgia · 1932
- Stuart Lumber Co. v. PerrySupreme Court of Georgia · 1903
- Strickland v. WillinghamCourt of Appeals of Georgia · 1934
- Venable v. Long Realty Co.Court of Appeals of Georgia · 1933
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