Wilber Stock Food Co. v. Wesley

Court of Appeals of Georgia

Wilber Stock Food Co. v. Wesley

80 S.E. 677, 14 Ga. App. 179, 1914 Ga. App. LEXIS 162

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1914

Docket5218

StatusPublished

Cited by1 cases

This text of 80 S.E. 677 (Wilber Stock Food Co. v. Wesley) 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

Wilber Stock Food Co. v. Wesley, 80 S.E. 677, 14 Ga. App. 179, 1914 Ga. App. LEXIS 162 (Ga. Ct. App. 1914).

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Opinion

Pottle, J.

Section 5190 of the Civil Code provides that written notice of the sanction of a writ of certiorari and of the time and place of hearing shall he “given to the opposite party at interest, his agent or attorney.” A plaintiff in certiorari does not prove compliance with this section of the code by merely showing that a registered letter containing the notice required by law was addressed to the defendant in certiorari, mailed in the post-office, and delivered by a postman to a son of the defendant at the latter’s home during his absence, and that the son receipted for the letter and delivered it to his mother, who did not open . it, but lost the letter before the defendant’s return home. Neither the son nor the wife was, by reason of relationship to the defendant, or of residing at his home, such an agent as was authorized to receive notice in his behalf. See, in this connection, Swafford v. Shirley, 7 Ga. App. 347 (60 S. E. 1022) ; McGee v. Lowry National Bank, 9 Ga. App. 668 (72 S. E. 67); Rollins v. Speer, 6 Ga. App. 74 (64 S. E. 280).

Judgment affirmed.

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Pottle, J.

Section 5190 of the Civil Code provides that written notice of the sanction of a writ of certiorari and of the time and place of hearing shall he “given to the opposite party at interest, his agent or attorney.” A plaintiff in certiorari does not prove compliance with this section of the code by merely showing that a registered letter containing the notice required by law was addressed to the defendant in certiorari, mailed in the post-office, and delivered by a postman to a son of the defendant at the latter’s home during his absence, and that the son receipted for the letter and delivered it to his mother, who did not open . it, but lost the letter before the defendant’s return home. Neither the son nor the wife was, by reason of relationship to the defendant, or of residing at his home, such an agent as was authorized to receive notice in his behalf. See, in this connection, Swafford v. Shirley, 7 Ga. App. 347 (60 S. E. 1022) ; McGee v. Lowry National Bank, 9 Ga. App. 668 (72 S. E. 67); Rollins v. Speer, 6 Ga. App. 74 (64 S. E. 280).

Judgment affirmed.

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80 S.E. 677, 14 Ga. App. 179, 1914 Ga. App. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilber-stock-food-co-v-wesley-gactapp-1914.

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