Spence v. Manufacturers Finance Acceptance Corp.

“The entry of the sheriff or any officer of the court, or his deputy, may be traversed by the defendant at the first term after notice of such entry is had by him, and before pleading to the merits.” Civil Code (1910), § 5566. Where a traverse of a sheriff’s return of service -was filed on the 4th of January (being the first Monday), 1932, and it was alleged on oath that the traverse was presented “at the first term of said court after notice to it of the entry of service purporting to show defendant legally served in Fulton county, Georgia,” and the record and return of service show that the…