Sanford v. Bates

Supreme Court of Georgia

Sanford v. Bates

25 S.E. 35, 99 Ga. 145

CourtSupreme Court of Georgia

DecidedJune 12, 1896

StatusPublished

Cited by16 cases

This text of 25 S.E. 35 (Sanford v. Bates) 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

Sanford v. Bates, 25 S.E. 35, 99 Ga. 145 (Ga. 1896).

Pincite

Opinion

Simmons, C. J.

1. The truth -of a return of service entered upon a declaration by a sheriff, stating that he had served the defendant with a copy of the declaration and process by leaving th-e same at his mast notorious place of abode, cannot be called in question without traversing the return -and making the officer a party to the traverse. 'Such traverse may and must be filed by the defendant at the first term after notice of such entry is had by him. In the absence of such traverse the entry of service is conclusive.

2. A judgment rendered by a court without jurisdiction is void and can be treated by the defendant as a mere nullity; but he cannot, when he has been served, go behind such judgment by an affidavit of illegality. Code, §3671; Hartsfield v. Morris, 89 Ga. 254. Judgment affirmed.

McHenry, Hmnally & Heel, for plaintiff in error. G. Roioell, contra.

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

Simmons, C. J.

1. The truth -of a return of service entered upon a declaration by a sheriff, stating that he had served the defendant with a copy of the declaration and process by leaving th-e same at his mast notorious place of abode, cannot be called in question without traversing the return -and making the officer a party to the traverse. 'Such traverse may and must be filed by the defendant at the first term after notice of such entry is had by him. In the absence of such traverse the entry of service is conclusive.

2. A judgment rendered by a court without jurisdiction is void and can be treated by the defendant as a mere nullity; but he cannot, when he has been served, go behind such judgment by an affidavit of illegality. Code, §3671; Hartsfield v. Morris, 89 Ga. 254. Judgment affirmed.

McHenry, Hmnally & Heel, for plaintiff in error. G. Roioell, contra.

Cite This Page — Counsel Stack

Bluebook (online)

25 S.E. 35, 99 Ga. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-bates-ga-1896.

Opinion

Related

Cite This Page — Counsel Stack