Shelton v. Stone & Sons Plumbing Co.

Pannell, Judge.

Where a plaintiff institutes an action in this State alleging therein that the defendant is a nonresident of *436this State, and seeks a personal judgment against the defendant, and a judgment on a materialman’s lien against realty, and the record shows on its face there is no personal service upon defendant, and the defendant does not appear and plead, the judgment rendered thereon is void. See Ford v. Southern R. Co., 33 Ga. App. 24 (1) (125 SE 479).

Argued September 10, 1968 Decided October 1, 1968. James L. May son, for appellant.

Where, at the same time and in the same court,…