Legal Opinion

Furr v. Bank of Fairmount

Supreme Court of Georgia

Decided April 18, 1913PublishedCited by 6 opinions

Petition for injunction. Before Judge Eite. Murray superior court. November 23, 1912.

1Opinion of the CourtEvans, P. J.

1. Where a sheriff served a rule nisi to foreclose a mortgage on realty in proper time, but inadvertently dated his return so as to make it appear that the service was made in the future and at a time subsequent to the term at which the rule absolute was granted, and the' rule absolute recites service of the rule nisi according to law, such return is thereafter amendable by the sheriff, who is in office, without order of court, so as to make the return show the true date of the service. Manley v. McKenzie, 128 Ga. 348 (57 S. E. 705); Thornton v. Hitchcock, ante, 749 (78 S. E. 179).

2. Where a…

2Cases cited3 opinions

  1. Manley v. McKenzieSupreme Court of Georgia · 1907
  2. Thornton v. HitchcockSupreme Court of Georgia · 1913
  3. Pittsburg-Bartow Mining & Manufacturing Co. v. Washington Trust Co.Supreme Court of Georgia · 1911

3Cited by6 opinions

  1. Dutton v. FaulkSupreme Court of Georgia · 1925
  2. Schermerhorn v. National Fire InsuranceCourt of Appeals of Georgia · 1928
  3. Brown v. Johnson-Brown Co.Court of Appeals of Georgia · 1925
  4. Jackson v. JacksonSupreme Court of Georgia · 1934
  5. Clark v. Union School DistrictCourt of Appeals of Georgia · 1926

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