Morgan v. PACIFIC FINANCE COMPANY

Court of Appeals of Georgia

Morgan v. PACIFIC FINANCE COMPANY

236 S.E.2d 28, 142 Ga. App. 342, 1977 Ga. App. LEXIS 1609

CourtCourt of Appeals of Georgia

DecidedMay 19, 1977

Docket53866

StatusPublished

Cited by3 cases

This text of 236 S.E.2d 28 (Morgan v. PACIFIC FINANCE COMPANY) 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.

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Morgan v. PACIFIC FINANCE COMPANY, 236 S.E.2d 28, 142 Ga. App. 342, 1977 Ga. App. LEXIS 1609 (Ga. Ct. App. 1977).

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Opinion

McMurray, Judge.

Plaintiff, Pacific Finance Company, filed a complaint on a note against defendant, Johnny L. Morgan. Copies of the summons and complaint were left with defendant’s next door neighbor who apparently delivered them to defendant promptly.

On October 22, 1975, a default judgment was entered against defendant. Defendant filed a motion to set aside judgment for lack of personal jurisdiction on September 20, 1976. Defendant’s motion was denied and he appeals. Held:

The failure to obtain service by leaving a copy of the *343 summons and complaint at defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein renders the judgment void, even though the defendant may have had knowledge of the pending lawsuit. Code Ann. § 81A-104 (d) (7) (Ga. L. 1966, pp. 609, 610; 1968, pp. 1104, 1105); Hardwick v. Fry, 137 Ga. App. 771 (225 SE2d 88); Thompson v. Lagerquist, 232 Ga. 75, 76 (205 SE2d 267); Mahone v. Marshall Furniture Co., 142 Ga. App. 242.

Argued May 2, 1977 Decided May 19, 1977. Raiford Stanley, Jr., Willie Abrams, for appellant. Herndon & Hubble, John W. Hubble, Jr., for appellee.

Judgment reversed.

Bell, C. J., and Smith, J., concur.

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McMurray, Judge.

Plaintiff, Pacific Finance Company, filed a complaint on a note against defendant, Johnny L. Morgan. Copies of the summons and complaint were left with defendant’s next door neighbor who apparently delivered them to defendant promptly.

On October 22, 1975, a default judgment was entered against defendant. Defendant filed a motion to set aside judgment for lack of personal jurisdiction on September 20, 1976. Defendant’s motion was denied and he appeals. Held:

The failure to obtain service by leaving a copy of the *343 summons and complaint at defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein renders the judgment void, even though the defendant may have had knowledge of the pending lawsuit. Code Ann. § 81A-104 (d) (7) (Ga. L. 1966, pp. 609, 610; 1968, pp. 1104, 1105); Hardwick v. Fry, 137 Ga. App. 771 (225 SE2d 88); Thompson v. Lagerquist, 232 Ga. 75, 76 (205 SE2d 267); Mahone v. Marshall Furniture Co., 142 Ga. App. 242.

Argued May 2, 1977 Decided May 19, 1977. Raiford Stanley, Jr., Willie Abrams, for appellant. Herndon & Hubble, John W. Hubble, Jr., for appellee.

Judgment reversed.

Bell, C. J., and Smith, J., concur.

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236 S.E.2d 28, 142 Ga. App. 342, 1977 Ga. App. LEXIS 1609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-pacific-finance-company-gactapp-1977.

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