Legal Opinion

Elliott v. Porch

Court of Appeals of Georgia

Decided November 7, 1938No. 27056PublishedCited by 3 opinions

1Opinion of the CourtEelton, J.

While in a case where there has been no return of service whatever, but it is made to appear that the defendant had in fact been served, the return of service may be made, on motion, by an entry nunc pro tunc so as to authorize the court to proceed with the case (Jones v. Bibb Brick Co., 120 Ga. 321, 325, 48 S. E. 25), still, in the absence of any return of service and of a proceeding of the nature above mentioned to supply the deficiency, the court has no jurisdiction to render a valid judgment (Callaway v. Douglasville College, 99 Ga. 623, 25 S. E. 850; News Printing Co. v. Brunswick Pub.…

2Cases cited4 opinions

  1. Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
  2. Callaway v. Douglasville CollegeSupreme Court of Georgia · 1896
  3. News Printing Co. v. Brunswick Publishing Co.Supreme Court of Georgia · 1901
  4. Wood v. CallawaySupreme Court of Georgia · 1904

3Cited by3 opinions

  1. Knight v. Department of TransportationCourt of Appeals of Georgia · 1975
  2. Nelson v. LovettCourt of Appeals of Georgia · 1961
  3. Keys v. KeysCourt of Appeals of Georgia · 1952

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