Producers Naval Stores Co. v. Brewton
Court of Appeals of Georgia
Traverse of return of service; from city court of Reidsville— Judge Collins. March 27, 1916. Bail-trover was brought by Brewton against the Producers Naval Stores Company, and the deputy sheriff made a return of service on the defendant. The return was traversed at the first term, and the deputy sheriff was made a party to the traverse, but the sheriff was not made a party.
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Traverse of return of service; from city court of Reidsville— Judge Collins. March 27, 1916. Bail-trover was brought by Brewton against the Producers Naval Stores Company, and the deputy sheriff made a return of service on the defendant. The return was traversed at the first term, and the deputy sheriff was made a party to the traverse, but the sheriff was not made a party. The defendant demurred to the plaintiff’s petition, an amendment to the petition was allowed, over objection, and the court overruled the demurrer. The issue made by the traverse was tried by a jury, and the verdict was…
1Opinion of the CourtWade, C. J.
1. The return of service by the deputy sheriff was traversed, and he was duly made a party to the proceedings, by order of the court. There was, however, no attempt to make the sheriff also a party. • “Objections to the return of a deputy sheriff which shows legal service on a defendant must be raised before judgment, by a plea in abatement, and in connection therewith the return must be duly traversed, and both the sheriff and the deputy sheriff are necessary parties to the traverse.” Georgia Railway & *20Power Co. v. Davis, 14 Ga. App. 790 (82 S. E. 387). “When the record shows a valid return…
2Cases cited3 opinions
- Bell v. New Orleans & Northeastern RailroadCourt of Appeals of Georgia · 1907
- O'Bryan & Bros. v. CalhounSupreme Court of Georgia · 1881
- Georgia Railway & Power Co. v. DavisCourt of Appeals of Georgia · 1914
3Cited by7 opinions
- Southern States Phosphate & Fertilizer Co. v. ClarkCourt of Appeals of Georgia · 1917
- Lankford v. PetersonCourt of Appeals of Georgia · 1917
- Jewell Tea Co. v. PattilloCourt of Appeals of Georgia · 1935
- Tennessee Chemical Co. v. HarperCourt of Appeals of Georgia · 1923
- Cleland v. BennettCourt of Appeals of Georgia · 1920
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