Toomer v. Hopkins

Head, Justice.

As authority for his contention that the court erred in overruling the oral motion to strike the first count of the petition, the plaintiff in error relies upon the ruling in the 5th headnote in Watters v. Southern Brighton Mills, 168 Ga. 18 (147 S. E. 87), as follows: “A subsequent petition filed by the party upon whom the service was made by publication, to set 'aside such judgment, alleging that the party was not in fact a non-resident, but at the time of the suit was a resident of the State of Georgia, was insufficient, there being no allegation that the party obtaining the…