Cummings v. Community Finance Co.
Cummings v. Community Finance Co.
Opinion of the Court
Community Finance Company of Glennville, Incorporated filed in the City Court of Reidsville an affidavit for bail, a bond, and a copy of a purported loan contract between the plaintiff and the defendant. To this was attached process; however, no petition containing a declaration in trover or prayer for process was filed prior to or subsequent to these pleadings. The defendant filed a motion to quash process and service upon the ground that the plaintiff’s pleadings did not contain a prayer for process. This motion was denied and the exception is to that order and to the subsequent judgment of the court overruling the defendant’s general demurrers to the pleadings. Held:
“Persons against whom there is no prayer for process are not parties defendant to an action, and the clerk has no authority to annex to a petition a process requiring their appearance.” Seisel & Co. v. Wells, 99 Ga. 159 (1) (25 SE 266).
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.