Solomon v. Newell
Supreme Court of Georgia
Judgments. Nullities. Jurisdiction. Claims. Service. Practice in the Superior Court. Before Judge Simmons. Houston Superior Court.
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Judgments. Nullities. Jurisdiction. Claims. Service. Practice in the Superior Court. Before Judge Simmons. Houston Superior Court. April Term, 1881. This was a claim case submitted to the presiding judge to be decided without the intervention of a jury, on the following agreed state of facts ;' The writ was filed and process issued July 25th, 1866, to August term, 1866, Houston superior court, which convened August 20th, 1866. The following was the entry of service “ Served each of defendants personally with a copy of this writ, August 6th, 1866. John Smith, Sheriff, Defendants did not appear…
1Opinion of the Court
Crawford, Justice.
This was a claim case tried by the judge upon consent, who iound the property not subject to the fi. fa. The question upon which the case turned was, whether a judgment is void where there was personal service upon the defendant only fourteen days before the court to which the writ was returnable, and to which the defendant neither appeared nor answered.
*574The process of the court required the defendant to appear and answer to the plaintiff’s complaint in an action of debt at the August term, 1866, of Houston superior court. It was dated July 25th, and the term began Au_ gust…
2Cases cited2 opinions
- Hood v. PowersSupreme Court of Georgia · 1876
- Smith v. BryanSupreme Court of Georgia · 1878
3Cited by4 opinions
- Ex parte Howard-Harrison Iron Co.Supreme Court of Alabama · 1898
- Green v. SpiresSupreme Court of Georgia · 1940
- Funkhouser v. MaleSupreme Court of Georgia · 1900
- Walraven v. DeFoorCourt of Appeals of Georgia · 1954