Dasher v. Dasher
Supreme Court of Georgia
Service. Return of sheriff. Before Judge Sessions. Lowndes Superior Court. December Adjourned Term, 1871. This case came on to be heard on a rule nisi in favor of J. T. Dasher, calling on Virgil F. Dasher to show cause why a judgment obtained by him against J. T. Dasher at. the June term, 1871, of the Superior Court of Lowndes county, should not 'be set aside for want of service of a copy of the original declaration upon the defendant in said suit.
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Service. Return of sheriff. Before Judge Sessions. Lowndes Superior Court. December Adjourned Term, 1871. This case came on to be heard on a rule nisi in favor of J. T. Dasher, calling on Virgil F. Dasher to show cause why a judgment obtained by him against J. T. Dasher at. the June term, 1871, of the Superior Court of Lowndes county, should not 'be set aside for want of service of a copy of the original declaration upon the defendant in said suit. The case, by consent, was submitted to the decision of the presiding Judge, without the intervention of a jury. The original declaration had the…
1Opinion of the Court
Montgomery, Judge.
This was a rule nisi by J. T. Dasher against Virgil F. Dasher, issued at the December term, 1871, of Lowndes Superior Court, requiring said Virgil T. Dasher to show cause why a judgment obtained by him against J. T. Dasher at the *321preceding term of the Court should not be set aside as void for want of service. By agreement of parties the case was submitted to Judge without jury.
The evidence showed conclusively that the defendant in the action in which the judgment was obtained, never had been served, nor had he by himself or agent acknowledged service. Indeed, he was entirely…
2Cited by2 opinions
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- Michels v. StorkMichigan Supreme Court · 1883