Schermerhorn v. National Fire Insurance
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
I. An entry made by the sheriff or any officer of a court having jurisdiction of the defendant. and of the subject-matter of the suit is prima facie conclusive as to all facts properly recited therein (McKnight v. Wilson, 158 Ga. 153, 161, 122. S. E. 702), but such an entry “may be traversed by the defendant at the first term after notice of such entry is had by him, and before pleading to the merits.” Civil *471Code (1910), § 5566. According to the provisions of this section of the code, in order to traverse an entry of filing of a petition as signed by the clerk, if such traverse is made after…
2Cases cited8 opinions
- McKnight v. WilsonSupreme Court of Georgia · 1924
- Sanford v. BatesSupreme Court of Georgia · 1896
- Gress Lumber Co. v. CoodySupreme Court of Georgia · 1896
- Albritton v. TygartSupreme Court of Georgia · 1910
- Furr v. Bank of FairmountSupreme Court of Georgia · 1913
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3Cited by5 opinions
- Pope v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1945
- Spence v. Manufacturers Finance Acceptance Corp.Court of Appeals of Georgia · 1933
- Baxter v. CrandallCourt of Appeals of Georgia · 1932
- White Plains Carpet v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1973
- Davis v. Whitmer Co.Court of Appeals of Georgia · 1932