Legal Opinion

Cleveland Lumber Co. v. Delta Equities, Inc.

Supreme Court of Georgia

Decided October 1, 1974No. 29167PublishedCited by 3 opinions

1Opinion of the Court

Ingram, Justice.

This appeal is from a summary judgment granted in Fulton Superior Court vacating an earlier default judgment in a garnishment case in the Civil Court of Fulton County because of improper service on the garnishee-corporation.

The essential question presented is whether a corporation may designate a person other than the principal agent in charge of the corporation’s business or office to receive service of a summons of garnishment for the corporation.

Code § 46-106 provides: "Service of a summons of garnishment upon the agent in charge of the office or business of the corporation…

2Cases cited2 opinions

  1. Citizens Bank v. Alexander-Smith Academy, Inc.Supreme Court of Georgia · 1970
  2. Mosely v. First National BankSupreme Court of Georgia · 1925

3Cited by3 opinions

  1. Northwestern National Insurance v. Kennesaw Transportation, Inc.Court of Appeals of Georgia · 1983
  2. Adair Realty Co. v. Greenbriar-Fulton, Inc.Court of Appeals of Georgia · 1979
  3. Cousby v. JT BICKERS REALTY COMPANYCourt of Appeals of Georgia · 1976

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