Phillips v. Wait

This was a motion, in the city court of Atlanta, to set aside an order reviving a judgment rendered • in that court, which had become dormant. One ground of the motion was the want of service of scire facias. The sheriff’s entry of service was traversed, and he was made a party to the proceeding. It appeared from the evidence introduced by the movant, who was the defendant in the judgment, that he had been served with a copy of a petition to revive the judgment, but had not been served with a copy of the scire facias. The only evidence to the contrary was the entry of service by the officer.…