Supreme Court of Georgia, 1896

McDonald v. Tutty

McDonald v. Tutty
Supreme Court of Georgia · Decided June 18, 1896 · Simmons
99 Ga. 184; 27 S.E. 157

McDonald v. Tutty

Opinion of the Court

Simmons, C. J.

The mere fact that a declaration, was not filed in court the full number of days prescribed by law before the term to which it was made returnable, does not render a judgment 'therein taken by default at the next succeeding term void, the defendant having befen duly served before the appearance term and not having then, or at any time thereafter, made any objection to the return of the case as stated or any motion to have it made returnable to the proper term. Judgment rmersed.

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