Reese v. Kirby
This text of 68 Ga. 825 (Reese v. Kirby) 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.
Opinion
1. The finding of the judge, presiding without a jury, was supported by the evidence.
2. Where a suit had been pending in court for over ten years without process, and no plea had -been filed, or defence made by the defendant, it was proper to refuse to allow process to be attached and to grant time to perfect service. Code, §3490; 67 Ga., 576.
3. Where a rule nisi to establish a lost note is answered, and a defence made thereto, such appearance and pleading by the defendant in that proceeding will not cure the failure to attach process to a suit on the note sought to be established. The proceedings are different, and a defence to one does not waive process to the other.
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Cite This Page — Counsel Stack
68 Ga. 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reese-v-kirby-ga-1882.