Moody v. Womack
Moody v. Womack
Opinion of the Court
“No petition shall abate for lack of service until so ordered by the court in which it was filed.” Ga. L. 1946, pp. 761, 768, amending Code § 81-201. Accordingly, where, on October 29, 1957, the plaintiff filed an action for damages against three defendants in the Superior Court of Cobb County, process was annexed to' the petition, the following day one of the defendants was served, and the remaining two defendants were personally served on July 27, 1959, it is no ground for abatement of the action as to- them that they were not served with a copy of the petition and process within five days of the filing of the petition as provided by Code (Ann.) § 81-202. It was accordingly not error for the trial court to deny the relief sought by the defendants Moody in
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.