Drake v. Brown Manufacturing Co.
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Henderson. City court of Vienna. January 27, 1904. Suit was brought, returnable to the October monthly term, 1903, of the city court of Vienna. The process required the defendant to “ appear at the next monthly term of the city court of Vienna, on the third Tuesday in Oct. next, then and there to answer,” etc. The sheriff made a return of personal service upon the defendant of “a copy of the within writ and petition.”
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Motion to set aside judgment. Before Judge Henderson. City court of Vienna. January 27, 1904. Suit was brought, returnable to the October monthly term, 1903, of the city court of Vienna. The process required the defendant to “ appear at the next monthly term of the city court of Vienna, on the third Tuesday in Oct. next, then and there to answer,” etc. The sheriff made a return of personal service upon the defendant of “a copy of the within writ and petition.” On November 27, at the November monthly term, judgment against the defendant was rendered, reciting that the suit was based on an open…
1Opinion of the CourtCandler, J.
A motion to set aside a judgment must be predicated upon some defect apparent upon the face of the record. Sweat v. Latimer, 119 Ga. 615, and cit. It was accordingly not error to sustain a demurrer to such a motion based upon the ground that the movant had never been served with proper process in the suit wherein the judgment sought to be set aside was rendered, when it affirmatively appeared upon the face of the record that he had been so served. Judgment affirmed.
All the Justices concur. Busbee & Busbee, J. M., duPree, and J. H. Hall, for plaintiff in error. Whipple & McKenzie, contra.
2Cases cited1 opinion
- Sweat v. LatimerSupreme Court of Georgia · 1904
3Cited by6 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1945
- Fields v. ArnallSupreme Court of Georgia · 1945
- Plunkett Warden v. NealSupreme Court of Georgia · 1947
- Charles S. Martin Distributing Co. v. Southern Furnace Co.Court of Appeals of Georgia · 1953
- Tobin v. TobinSupreme Court of Georgia · 1956
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