First National Bank v. Dukes
Supreme Court of Georgia
Complaint. Before Judge Sheppard. Liberty superior court. February 20, 1911. The First National Bank of Charleston brought suit in the superior court of Liberty county against J. L. Dukes as maker, and M. E. Dukes as indorser, on a promissory note. The suit was filed on September 29, 1909, and was returnable to the February term, 1910. The petition alleged that the parties defendant were residents of Liberty county.
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Complaint. Before Judge Sheppard. Liberty superior court. February 20, 1911. The First National Bank of Charleston brought suit in the superior court of Liberty county against J. L. Dukes as maker, and M. E. Dukes as indorser, on a promissory note. The suit was filed on September 29, 1909, and was returnable to the February term, 1910. The petition alleged that the parties defendant were residents of Liberty county. On December 14, 1909, the sheriff of Liberty county made a return of non est inventus as to both defendants; and on July 2, 1910, Judge Seabrook passed an order to perfect…
1Opinion of the CourtBeck, J.
(After stating the facts.) "We are of the opinion that the court properly held that the case should be dismissed, as jurisdiction of the defendants had never been obtained by valid service. There is no provision in our law for the issuance of second originals and of process directed to the sheriff of another county than that in which the suit was brought, under the facts shown in this record. It is true that the filing of the petition is the commencement of the suit, where service is afterwards duly perfected, the service then relating back to the time, of the filing of the petition. But in…
2Cases cited3 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Stallings v. StallingsSupreme Court of Georgia · 1907
- Varn v. ChapmanSupreme Court of Georgia · 1912
3Cited by9 opinions
- Cutliffe v. PryseSupreme Court of Georgia · 1938
- Radcliffe v. Boyd Motor Lines, Inc.Court of Appeals of Georgia · 1973
- Scott v. ScottSupreme Court of Georgia · 1941
- Simmerson v. HerringdineSupreme Court of Georgia · 1928
- Pryse v. CutliffeCourt of Appeals of Georgia · 1938
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