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Stansell v. Grant

77 Ga. App. 126
CourtCourt of Appeals of Georgia
DecidedMay 20, 1948
Docket32009
StatusPublished

This text of 77 Ga. App. 126 (Stansell v. Grant) 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
Stansell v. Grant, 77 Ga. App. 126 (Ga. Ct. App. 1948).

Opinion

Townsend, J.

When the copy of the process served upon the defendant is made returnable to the wrong court, the same is not void, but merely defective and amendable. See W. T. Rawleigh Co. v. Watts, 68 Ga. App. 786 (24 S. E. 2d, 213). However, upon the hearing of a demurrer to a plea raising this question, where there is no offer to amend, it is error to sustain the demurrer. Accordingly in the instant case the trial court erred in sustaining the demurrer to the plea.

Judgment reversed.

MacIntyre, P.J., and Gardner, J., concur. Graham Wright, Robert L. Scoggin, for plaintiff in error. Gary Hamilton, James Maddox, contra.

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Related

W. T. Rawleigh Co. v. Watts
24 S.E.2d 213 (Court of Appeals of Georgia, 1943)

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Bluebook (online)
77 Ga. App. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stansell-v-grant-gactapp-1948.