Bank of LaFayette v. Home Finance Co. of Rome, Georgia, Inc.

Supreme Court of Georgia

Bank of LaFayette v. Home Finance Co. of Rome, Georgia, Inc.

111 S.E.2d 361, 215 Ga. 535

CourtSupreme Court of Georgia

DecidedNovember 4, 1959

Docket20637

StatusPublished

Cited by2 cases

This text of 111 S.E.2d 361 (Bank of LaFayette v. Home Finance Co. of Rome, Georgia, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of LaFayette v. Home Finance Co. of Rome, Georgia, Inc., 111 S.E.2d 361, 215 Ga. 535 (Ga. 1959).

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Opinion

Mobley, Justice.

In view of the ruling of this court in Home Finance Co. of Rome, Georgia, Inc., v. Bank of LaFayette, ante, where it was held that the defendant had not waived its plea in abatement and traverse of service, the trial of the case upon its merits prior to the trial of the special plea and traverse of service, and a determination that the court had jurisdiction of the defendant was premature, and the proceedings therein were a nullity and must be set aside.

Judgment reversed.

All the Justices concur. Argued October 13, 1959 Decided November 4, 1959. Matthews, Maddox, Walton A Smith, G. W. Langford, for plaintiff in error. Clinton J. Morgan, Wright, Rogers, Magruder A Hoyt, contra.

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Mobley, Justice.

In view of the ruling of this court in Home Finance Co. of Rome, Georgia, Inc., v. Bank of LaFayette, ante, where it was held that the defendant had not waived its plea in abatement and traverse of service, the trial of the case upon its merits prior to the trial of the special plea and traverse of service, and a determination that the court had jurisdiction of the defendant was premature, and the proceedings therein were a nullity and must be set aside.

Judgment reversed.

All the Justices concur. Argued October 13, 1959 Decided November 4, 1959. Matthews, Maddox, Walton A Smith, G. W. Langford, for plaintiff in error. Clinton J. Morgan, Wright, Rogers, Magruder A Hoyt, contra.

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Bluebook (online)

111 S.E.2d 361, 215 Ga. 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-lafayette-v-home-finance-co-of-rome-georgia-inc-ga-1959.

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