Legal Opinion

Maund v. Keating

Supreme Court of Georgia

Decided July 15, 1875PublishedCited by 13 opinions

Illegality. Service. Return. Sheriff. Before Judge Jambs Johnson. Talbot Superior Court. March Term, 1875. This decision also disposed of the case of John M. Grant vs. Gregory Bass, decided by Judge James Johnson at the April term, 1875, of Harris superior court, argued for plaintiff in error by L. L. Stanford, and for defendant, by James M. Mobley. The facts will be found in the opinion.

1Opinion of the Court

Bleckley, Judge.

John R. Keating filed his declaration of complaint vs. John C. Maund, to the March term, 1871, of Talbot superior court. The sheriff made the following entry on the original declaration :

“ Served John C. Maund with a copy of the within process by leaving at his most notorious place of abode. March 3d, 1871. H. Hall, Sheriff.”

At the March term, 1872, the plaintiff took judgment by default, and execution issued and was levied on the property of the defendant, who interposed an affidavit of illegality, alleging as his only ground, that he had never been served with a copy…

2Cited by13 opinions

  1. McKnight v. WilsonSupreme Court of Georgia · 1924
  2. Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
  3. O'Bryan & Bros. v. CalhounSupreme Court of Georgia · 1881
  4. Williamson v. WilliamsonSupreme Court of Georgia · 1922
  5. Albritton v. TygartSupreme Court of Georgia · 1910

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