Hillyer v. Pearson
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Hodges. City court of Macon. April 4, 1903. Suit on a joint and several promissory note was brought against Lucas, Westcott, and Ayres, returnable to the June term of the city court of Macon. Westcott was sheriff of the county and of the court. The clerk of the court attached a process to the petition, directed to the sheriff of the county and his deputies.
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Motion to set aside judgment. Before Judge Hodges. City court of Macon. April 4, 1903. Suit on a joint and several promissory note was brought against Lucas, Westcott, and Ayres, returnable to the June term of the city court of Macon. Westcott was sheriff of the county and of the court. The clerk of the court attached a process to the petition, directed to the sheriff of the county and his deputies. This petition and process was served upon Ayres by one of the sheriff’s deputies. Ayres did not appear or plead. He died in July of the same year. Westcott acknowledged service of the petition. On…
1Opinion of the CourtSimmons, C. J.
(after stating the facts as above.) 1. From the facts above recited we think there can be no doubt that the trial judge was right in setting aside the judgment. It is an elementary principle of law that no legal judgment can be rendered against a person unless he is a party to the action. The filing of a petition in which a person is named as a defendant does not make him a party to the action until he is properly served or in some manner waives service. In order for an officer to'make legal service he must have authority to do so. This authority in ordinary actions is the process of the…
2Cases cited1 opinion
- State v. JeterSupreme Court of Georgia · 1878
3Cited by12 opinions
- People v. Le DouxCalifornia Supreme Court · 1909
- Church v. BellCourt of Appeals of Georgia · 1994
- Williams v. BattenSupreme Court of Georgia · 1923
- Strauss Bros. v. OwensCourt of Appeals of Georgia · 1909
- Abrams v. AbramsSupreme Court of Georgia · 1977
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