Payton v. Green

Benham, Judge.

Appellant, a contractor and resident of Cherokee County, Georgia, was notified by his attorney that there was a warrant outstanding for him in DeKalb County. He voluntarily surrendered himself to the DeKalb County Sheriff a few days later and was then ordered to appear in magistrate’s court on April 2, 1984. On that date, as he was leaving the courtroom, appellant was served with process for a breach of contract action that had been filed by appellees in Cherokee County on March 30, 1984. Appellant moved to dismiss the action, claiming insufficient service of process and lack of…