Franklin County v. Payne

Court of Appeals of Georgia

Franklin County v. Payne

153 S.E.2d 732, 115 Ga. App. 52, 1967 Ga. App. LEXIS 995

CourtCourt of Appeals of Georgia

DecidedJanuary 18, 1967

Docket42512

StatusPublished

This text of 153 S.E.2d 732 (Franklin County v. Payne) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin County v. Payne, 153 S.E.2d 732, 115 Ga. App. 52, 1967 Ga. App. LEXIS 995 (Ga. Ct. App. 1967).

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Opinion

Felton, Chief Judge.

“A general appearance by answering a petition waives all irregularities in the service of process.” Hagins v. Howell, 219 Ga. 276 (1) (133 SE2d 8); Code § 81-209. Accordingly, when the defendant county appeared and answered and demurred to the plaintiff landowner’s petition for damages for diminution of the fair market value of his land by the construction of landfills in the building of a highway, it thereby waived the non-compliance, if any, of the service of process with the requirement of Code § 23-1503 (Ga. L. 1872, p. 39); therefore, the court did not err in its judgment overruling the defendant’s motion to dismiss the petition on this ground, made subsequently to its general appearance.

Judgment affirmed.

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Felton, Chief Judge.

“A general appearance by answering a petition waives all irregularities in the service of process.” Hagins v. Howell, 219 Ga. 276 (1) (133 SE2d 8); Code § 81-209. Accordingly, when the defendant county appeared and answered and demurred to the plaintiff landowner’s petition for damages for diminution of the fair market value of his land by the construction of landfills in the building of a highway, it thereby waived the non-compliance, if any, of the service of process with the requirement of Code § 23-1503 (Ga. L. 1872, p. 39); therefore, the court did not err in its judgment overruling the defendant’s motion to dismiss the petition on this ground, made subsequently to its general appearance.

Judgment affirmed.

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Bluebook (online)

153 S.E.2d 732, 115 Ga. App. 52, 1967 Ga. App. LEXIS 995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-county-v-payne-gactapp-1967.

Opinion

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