United Motor Freight Terminal Co. v. Hixon
Court of Appeals of Georgia
1Opinion of the CourtFelton, J.
Code § 38-2301, providing that the opposite party shall be given five days’ notice of intention to take depositions, means actual personal notice, and service by leaving the notice at a party’s most notorious place of abode is insufficient. It is stated in 18 C. J., § 670: “Unless otherwise prescribed, service of the notice [of intention to take depositions] on a party must be personal. This rule is followed in Baldwin v. Baldwin, 116 Ga. 471 (42 S. E. 727), and Burns v. State, 73 Ga. 747, in which latter case it is stated: “The notice of the taking of such testimony required by those…
Also in this document: Concurrence.
2Cases cited8 opinions
- Georgia Railway & Power Co. v. SimmsCourt of Appeals of Georgia · 1925
- Baldwin v. BaldwinSupreme Court of Georgia · 1902
- Georgia Railway & Electric Co. v. BaileyCourt of Appeals of Georgia · 1911
- Erk v. SimpsonSupreme Court of Georgia · 1912
- Southeastern Express Co. v. NightingaleCourt of Appeals of Georgia · 1925
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3Cited by6 opinions
- Ware v. AlstonCourt of Appeals of Georgia · 1965
- Ludwig v. J. J. Newberry CompanyCourt of Appeals of Georgia · 1949
- Bennett v. GeorgeCourt of Appeals of Georgia · 1962
- Bell v. WashamCourt of Appeals of Georgia · 1950
- Nasworthy v. StateCourt of Appeals of Georgia · 1984
1 more not listed; retrieve them via the Exa API.