Duren v. Pollock

(After stating the foregoing facts.) Upon every petition the clerk shall endorse the date of its filing in office, which shall be considered the time of the commencement of the suit. Civil Code (1910), § 5551. But this is so only where service is had on the defendant. Branch v. Mechanics Bank, 50 Ga. 413, 416; Ferguson v. New Manchester Mfg. Co., 51 Ga. 609. To every petition the clerk shall annex a process (unless the same be waived), signed by the clerk or his deputy, and bearing test in the name of the judge of the court, which shall be directed to the sheriff or his deputy, requiring the…