Sartorious v. Paper Mills Co.

1. Where the process attached to the petition was dated January 7, 1907, and required the defendant to be and appear at the city court of Atlanta to be held on the first Monday in January, 1908, and the defendant was duly served with the petition and process, and appeared in that court at the January term, 1908, and filed a plea to the merits of the suit, this was a waiver of irregularities in the proceedings, and it was not error to overrule a motion to dismiss the petition, made one year after the plea was filed, because of the mistake in the date of the process. Civil Code (1910), g 5551.…