Payne v. Shelnutt

Deen, Judge.

The defendant appellant seeks to have a default judgment set aside on the ground that she was not served with process in the main case and that the return of service signed by a deputy marshal of the Civil Court of Fulton County is untrue. The motion was filed at a term subsequent to that in which the default judgment was entered, rule nisi was prayed for and issued, with service upon the marshal and deputy marshal, who filed a response denying the attacks made on the purported service. After hearing the trial judge denied the motion on the ground that there is now no provision…