Branch v. Mechanics' Bank
Supreme Court of Georgia
Process. Service. Amendment. Before Judge Gibson» Richmond Superior Court. October Term, 1872. On December 29th, 1869, Branch commenced suit against the Mechanics’ Bank for $50,000 00, besides interest, on its bills. On the same day process was attached in the usual form. On May 28th, 1870, the sheriff of Richmond county made the following return: “The defendant, the Mechanics’ Bank, not to be found, Thomas S. Metcalf, the late president, dead.”
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Process. Service. Amendment. Before Judge Gibson» Richmond Superior Court. October Term, 1872. On December 29th, 1869, Branch commenced suit against the Mechanics’ Bank for $50,000 00, besides interest, on its bills. On the same day process was attached in the usual form. On May 28th, 1870, the sheriff of Richmond county made the following return: “The defendant, the Mechanics’ Bank, not to be found, Thomas S. Metcalf, the late president, dead.” At the October term, 1872, of said Court, when the docket was taken up on which said suit was entered, plaintiff’s attorney filed his affidavit to…
1Opinion of the Court
Trippe, Judge.
Five terms of the Court had passed after the filing of the declaration and the return made by the sheriff of non est inventus and of the death of the president of the corporation. In the meantime no step whatever had been taken by the plaintiff. At the sixth term the motion was made to perfect service under section 3370 of the new Code. This, of course, involved the necessity of amending the process, or rather- the issuing of a citation by the clerk, as required by that section. No legal reason was shown for such long delay. In fact none whatever has been given. It was stated in…
2Cited by19 opinions
- Stallings v. StallingsSupreme Court of Georgia · 1907
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Tyree v. JacksonSupreme Court of Georgia · 1970
- Alabama Fuel & Iron Co. v. DensonSupreme Court of Alabama · 1922
- Cutliffe v. PryseSupreme Court of Georgia · 1938
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