Stevens v. First Federal Savings & Loan Ass'n

Court of Appeals of Georgia

Stevens v. First Federal Savings & Loan Ass'n

293 S.E.2d 357, 162 Ga. App. 748, 1982 Ga. App. LEXIS 2322

CourtCourt of Appeals of Georgia

DecidedJune 28, 1982

Docket64390

StatusPublished

Cited by1 cases

This text of 293 S.E.2d 357 (Stevens v. First Federal Savings & Loan Ass'n) 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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Stevens v. First Federal Savings & Loan Ass'n, 293 S.E.2d 357, 162 Ga. App. 748, 1982 Ga. App. LEXIS 2322 (Ga. Ct. App. 1982).

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Opinion

Banke, Judge.

In this appeal from the entry of a default judgment in favor of the plaintiff in a suit to recover on a promissory note, the defendant contends that she did not receive service of process. Two separate returns of service appear in the record. The first, dated October 14, 1981, states that a copy of the complaint was left at the defendant’s dwelling house or usual place of abode with a person of suitable age and discretion; the second, dated January 14, 1982, states that the defendant was served personally. Held:

“While the return may be traversed and impeached, the certified return is of itself evidence of a high order, and can only be set aside upon evidence which is not only clear and convincing, but the strongest of which the nature of the case will admit. Denham v. Jones, 96 Ga. 130, 132 (23 SE 78). The entry of service imports verity. Rupee v. Mobile Home Brokers, 124 Ga. App. 86, 88 (183 SE2d 34). See Williams v. Mells, 138 Ga. App. 60, 61 (225 SE2d 501).” Woods v. Congress Fin. Corp., 149 Ga. App. 156, 157 (253 SE2d 834) (1979). In the absence of contradictory evidence, the trial court was warranted in accepting the certificates of service as true.

Judgment affirmed.

McMurray, P. J., and Birdsong, J., concur. Gilbert C. McLemore, Jr., for appellee.

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Banke, Judge.

In this appeal from the entry of a default judgment in favor of the plaintiff in a suit to recover on a promissory note, the defendant contends that she did not receive service of process. Two separate returns of service appear in the record. The first, dated October 14, 1981, states that a copy of the complaint was left at the defendant’s dwelling house or usual place of abode with a person of suitable age and discretion; the second, dated January 14, 1982, states that the defendant was served personally. Held:

“While the return may be traversed and impeached, the certified return is of itself evidence of a high order, and can only be set aside upon evidence which is not only clear and convincing, but the strongest of which the nature of the case will admit. Denham v. Jones, 96 Ga. 130, 132 (23 SE 78). The entry of service imports verity. Rupee v. Mobile Home Brokers, 124 Ga. App. 86, 88 (183 SE2d 34). See Williams v. Mells, 138 Ga. App. 60, 61 (225 SE2d 501).” Woods v. Congress Fin. Corp., 149 Ga. App. 156, 157 (253 SE2d 834) (1979). In the absence of contradictory evidence, the trial court was warranted in accepting the certificates of service as true.

Judgment affirmed.

McMurray, P. J., and Birdsong, J., concur. Gilbert C. McLemore, Jr., for appellee.

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293 S.E.2d 357, 162 Ga. App. 748, 1982 Ga. App. LEXIS 2322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-first-federal-savings-loan-assn-gactapp-1982.

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