McDonald v. Tutty

Supreme Court of Georgia

McDonald v. Tutty

27 S.E. 157, 99 Ga. 184

CourtSupreme Court of Georgia

DecidedJune 18, 1896

StatusPublished

Cited by1 cases

This text of 27 S.E. 157 (McDonald v. Tutty) 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

McDonald v. Tutty, 27 S.E. 157, 99 Ga. 184 (Ga. 1896).

Pincite

Opinion

Simmons, C. J.

The mere fact that a declaration, was not filed in court the full number of days prescribed by law before the term to which it was made returnable, does not render a judgment 'therein taken by default at the next succeeding term void, the defendant having befen duly served before the appearance term and not having then, or at any time thereafter, made any objection to the return of the case as stated or any motion to have it made returnable to the proper term. Judgment rmersed.

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Simmons, C. J.

The mere fact that a declaration, was not filed in court the full number of days prescribed by law before the term to which it was made returnable, does not render a judgment 'therein taken by default at the next succeeding term void, the defendant having befen duly served before the appearance term and not having then, or at any time thereafter, made any objection to the return of the case as stated or any motion to have it made returnable to the proper term. Judgment rmersed.

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Bluebook (online)

27 S.E. 157, 99 Ga. 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-tutty-ga-1896.

Opinion

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