Phaup v. Jervey
Phaup v. Jervey
Opinion of the Court
1. In an undefended suit on a verified account in a justice’s court, the affidavit is sufficient proof where the defendant is served personally; but where service has been made by leaving a copy of the writ at the defendant’s residence, other evidence is necessary. Peeples v. Sethness Co., 119 Ga. 777 (47 S. E. 170) ; Dixon v. Holliman, 37 Ga. App. 353 (3) (140 S. E. 384); Code of 1933, § 24-1302.
2.* The lack of other proof, however, in case of service by leaving a copy at the defendant’s residence does not render a judgment for the plaintiff void. Brown v. Webb, 121 Ga. 281 (48 S. E. 917). The judgment is merely erroneous, and is subject to correction by a timely and proper proceeding at law. Royal v. McPhail, 97 Ga. 457 (25 S. E. 512). Upon such facts, without more, a suit in equity to cancel the judgment will not lie. The court did not err in sustaining the general demurrer and dismissing the petition.
Judgment affirmed.
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