Smith v. Lamb

Townsend, Presiding Judge.

Code § 81-121 provides that a minor between the ages of 14 and 21 years of age must be personally served, after which the court shall appoint a guardian ad litem, and the minor shall then be considered a party to the proceedings. Unlike most defenses, infancy, so far as service of process is concerned, is not a defense personal to the defendant, but is a statutory method of making parties, in the absence of which the minor defendant is not bound by the judgment. Maryland Cas. Co. v. Lanham, 124 Ga. 859 (1) (53 S. E. 395). A proper method of raising this issue is for…