Legal Opinion

Caldwell v. Alexander Seed Co.

Court of Appeals of Georgia

Decided February 3, 1916No. 6421PublishedCited by 5 opinions

Affidavit of illegality; from city court of Greenville. February 5, 1915.

1Opinion of the CourtWade, J.

“Where a second original is issued for tire purpose of serving a defendant residing in a county other than that in which the suit is pending, the process therein should be directed to the sheriff of the county in which the defendant so to be served resided. . . A sheriff of one county can not legally serve a process directed to the sheriff of another county. If he attempts to do so, and a judgment by default is entered against one so served, the judgment is void; and in an attack upon it by illegality, on the ground of no service, there is no necessity for a traverse to the return of the…

2Cases cited4 opinions

  1. Hillyer v. PearsonSupreme Court of Georgia · 1903
  2. Powell v. PerrySupreme Court of Georgia · 1879
  3. Strauss Bros. v. OwensCourt of Appeals of Georgia · 1909
  4. Hill v. HatcherSupreme Court of Georgia · 1874

3Cited by5 opinions

  1. Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
  2. Southern Railway Co. v. GrifflerCourt of Appeals of Georgia · 1922
  3. Georgia Power Co. v. OzburnCourt of Appeals of Georgia · 1936
  4. W. T. Rawleigh Co. v. GreenwayCourt of Appeals of Georgia · 1943
  5. Collins v. KennedyCourt of Appeals of Georgia · 1929

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