Brady v. Hardeman & Hamilton
Supreme Court of Georgia
Complaint in Sumter Superior Court. Decision by Judge Perkins, at September Term, 1854. Hardeman and Hamilton filed their petition against Wright Brady; Brady acknowledged service, “waiving copy and copy process.” After verdict and judgment, Counsel for Brady moved to set aside the verdict and vacate the judgment, on the ground that there was no original process issued in this case. The Court over-ruled the motion, and this decision is assigned as error.
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] In this case, the plaintiff in error acknowledged service of the petition, and waived a copy of same and of process. But the process itself he did not waive.
In the case of William G. Little vs. Bryant Ingram, decided at Decatur Term, 1854, we have given, at some length, the reasons which we suppose influenced the Legislature in requiring that a process having, in substance, such requisites as prescribed by them should accompany every declaration, and in enacting, that if the defendant wore brought into Court by a proceeding issuing forth in…
2Cited by5 opinions
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- Moss v. StricklandSupreme Court of Georgia · 1912
- Lassiter v. CarrollSupreme Court of Georgia · 1891
- Burch v. Crown LaundryCourt of Appeals of Georgia · 1948
- Glover v. GloverSupreme Court of Georgia · 1921