Navaho Corp. v. Stuckey

Court of Appeals of Georgia

Navaho Corp. v. Stuckey

233 S.E.2d 217, 141 Ga. App. 271, 1977 Ga. App. LEXIS 1866

CourtCourt of Appeals of Georgia

DecidedJanuary 19, 1977

Docket53328

StatusPublished

Cited by2 cases

This text of 233 S.E.2d 217 (Navaho Corp. v. Stuckey) 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

Navaho Corp. v. Stuckey, 233 S.E.2d 217, 141 Ga. App. 271, 1977 Ga. App. LEXIS 1866 (Ga. Ct. App. 1977).

Pincite

Opinion

Webb, Judge.

Navaho Corporation appeals from an order denying its motion to set aside a writ of possession and default judgment for unpaid rentals under a realty lease, which order was entered in the Civil Court of Fulton County where the dispossessory proceeding was instituted. It was contended in support of the motion that since the property in question was located in Coffee County, the summons should have been issued to, and served by, officers of that county pursuant to Code § 61-302, which provides for service in a dispossessory proceeding by officers "of the county where the land lies. . .”

The motion to set aside was properly denied. It is undisputed that the summons was issued by the clerk of the civil court and was served by the marshal of that court upon the president and registered agent of appellant corporation at its registered office in Fulton County. Thus the service of process was properly made under CPA § 4. "The methods of service provided herein are cumulative, and may be utilized with, after, or independently of, other methods of service. Whenever a statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute or under any other methods prescribed in this section.” Code Ann. § 81A-104 (i).

Since § 61-302 does not expressly prescribe that the [272]*272cumulative service provisions of § 81A-104 (i) are unavailable, CPA § 81 (Code Ann. § 81A-181), providing for exceptions to the applicability of the Civil Practice Act, is inoperable. General Acceptance Corp. v. Bishop, 126 Ga. App. 421 (1) (190 SE2d 825) (1972).

Argued January 7, 1977 Decided January 19, 1977 Rehearing denied February 11, 1977 Sidney L. Moore, Jr., for appellant. Hansell, Post, Brandon & Dorsey, F. T. Davis, Jr., Carol V. Clarke, for appellees.

Judgment affirmed.

Deen, P. J., and Marshall, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Webb, Judge.

Navaho Corporation appeals from an order denying its motion to set aside a writ of possession and default judgment for unpaid rentals under a realty lease, which order was entered in the Civil Court of Fulton County where the dispossessory proceeding was instituted. It was contended in support of the motion that since the property in question was located in Coffee County, the summons should have been issued to, and served by, officers of that county pursuant to Code § 61-302, which provides for service in a dispossessory proceeding by officers "of the county where the land lies. . .”

The motion to set aside was properly denied. It is undisputed that the summons was issued by the clerk of the civil court and was served by the marshal of that court upon the president and registered agent of appellant corporation at its registered office in Fulton County. Thus the service of process was properly made under CPA § 4. "The methods of service provided herein are cumulative, and may be utilized with, after, or independently of, other methods of service. Whenever a statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute or under any other methods prescribed in this section.” Code Ann. § 81A-104 (i).

Since § 61-302 does not expressly prescribe that the [272]*272cumulative service provisions of § 81A-104 (i) are unavailable, CPA § 81 (Code Ann. § 81A-181), providing for exceptions to the applicability of the Civil Practice Act, is inoperable. General Acceptance Corp. v. Bishop, 126 Ga. App. 421 (1) (190 SE2d 825) (1972).

Argued January 7, 1977 Decided January 19, 1977 Rehearing denied February 11, 1977 Sidney L. Moore, Jr., for appellant. Hansell, Post, Brandon & Dorsey, F. T. Davis, Jr., Carol V. Clarke, for appellees.

Judgment affirmed.

Deen, P. J., and Marshall, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

233 S.E.2d 217, 141 Ga. App. 271, 1977 Ga. App. LEXIS 1866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/navaho-corp-v-stuckey-gactapp-1977.

Opinion

Related

Cite This Page — Counsel Stack