Lamb v. Tucker
Supreme Court of Georgia
Action for damages. Before Judge George. Ben Hill superior court. October 11, 1915. On April 20, 1914, a petition was filed in an action against the receivers of a railroad company. To tbe petition was attached a process requiring the defendants to "appear at the superior court, to be holden for the county, . . on the 2nd Monday of October, next,” etc.
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Action for damages. Before Judge George. Ben Hill superior court. October 11, 1915. On April 20, 1914, a petition was filed in an action against the receivers of a railroad company. To tbe petition was attached a process requiring the defendants to "appear at the superior court, to be holden for the county, . . on the 2nd Monday of October, next,” etc. According to the statute (Acts 1906, p. 50) the October term of that court did not begin on the second Monday, but it was provided that the term should begin on the first Monday, and’ might continue for two weeks. The defendants appeared at the…
1Opinion of the CourtAtkinson, J.
1. Where by statute a term of the superior court commences on the first Monday of a given month and may continue for two weeks, and a suit is instituted the requisite time before the term, and the petition contains a prayer that process issue, requiring the defendant to appear “at the next term,” to answer, etc., and the clerk attaches to the petition a process which is regular in all respects except that, by clerical error, it requires the appearance of the defendant at the court to be held on the second Monday in the month, and service is duly made on the defendant, who appears at the “next…
2Cases cited8 opinions
- Richmond & Danville Railroad v. Benson & Co.Supreme Court of Georgia · 1890
- Baker v. ThompsonSupreme Court of Georgia · 1886
- Register v. HarrellSupreme Court of Louisiana · 1912
- Williams v. Western & Atlantic RailroadSupreme Court of Georgia · 1914
- Jackson v. Lincoln Mining Co.Missouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Indian Springs Swimming Pool Corp. v. MaddoxCourt of Appeals of Georgia · 1944
- Cooper v. CooperCourt of Appeals of Georgia · 1923
- Clements v. PollardCourt of Appeals of Georgia · 1936
- Butts v. City of MoultrieCourt of Appeals of Georgia · 1929
- Campbell v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1938
1 more not listed; retrieve them via the Exa API.