Legal Opinion

English v. Ozburn

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 14 opinions

Practice in the Superior Court. Service. Time: Before Judge Hillyee. Fulton Superior Court. April .Term, 1877. Reported in the opinion.

1Opinion of the Court

Jackson, Judge.

•A rule nisi to foreclose a mortgage on real estate was served on the defendant on the 2d of January, 1877, and the next term of the superior court began on the 2d of April, 1877. The sole question was, had three months expired from the 2d of January to the 2d of April, so as to make the service right under the Code, section 3962, which requires that the service shall be three months, at least, previous to the first day of the next term.

If it were a question of days, the Code, section 4, subsection 8, would decide the question in express terms. That provides that only the first…

2Cases cited1 opinion

  1. Jones v. SmithSupreme Court of Georgia · 1859

3Cited by14 opinions

  1. Hammond v. ClarkSupreme Court of Georgia · 1911
  2. Rusk v. HillSupreme Court of Georgia · 1903
  3. Maxwell Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1913
  4. Peterson v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
  5. Dowling v. LesterCourt of Appeals of Georgia · 1946

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