31 Ga. App. 209 | Ga. Ct. App. | 1923
1. If there has been no service of a suit nor a waiver thereof, the necessity of service is not dispensed with by the mere fact that the defendant may in some way learn of the filing of the suit. Davis v. Comer, 108 Ga. 117, 119 (33 S. E. 852, 75 Am. St. Rep. 33). On the other hand, if there has been a legal substituted service, as by leaving the process at the defendant’s residence, 'it will be immaterial whether the defendant ever had actual knowledge thereof. Cooper v. Fourth National Bank, 26 Ga. App. 44; 47 (105 S. E. 375), and eases cited. But no case can proceed without service upon the defendant in one of the modes prescribed .by .law,' unless service is waived. •
2. The service of a suit in the superior courts must be by the sheriff or his deputy, and, as to a defendant not a 'corporation, must be personal or by leaving a copy at the defendant’s residence. Civil Code (1910), § 5563. " '
3. In this ease an entry of service was made by the deputy sheriff :of Fulton county, reciting that he had served the defendant “by. leaving-a-copy
Judgment affirmed on main hill of exceptions; cross-hill dismissed.