Hardin v. Mutual Clothing Co.

1. The giving of “five days notice of the time and place of hearing,” required by section 5154 of the Civil Code (1910), of a petition for discharge filed by a defendant in a suit in trover, who is held in imprisonment in default of bail, is not complied with by serving the plaintiff, on the first day of May, with notice that the time of hearing the petition will be on the fifth day of May following. From the first day of May to the fifth day of May is only four days. Civil Code (1910), § 4 (8); Baxley v. Bennett, 33 Ga. 146.

2. On the hearing of such petition on the day set in the notice, to…