Martin v. PRIOR TIRE COMPANY

Eberhardt, Judge.

Prior Tire Company sued Martin in the Civil Court of Fulton County. The deputy marshal perfected service by leaving a copy of the petition and process "in the hands of Ron Wright, a colored person, age about 21 years, weight about 155 pounds, height about 5 feet 10 inches, domiciled at the residence of the defendant.” No defensive pleadings were filed and in due course a default judgment was entered. Thereafter, when garnishment proceedings were instituted, the defendant moved to set aside the judgment on the ground that service had not been perfected in the manner required…