151 Ga. 98 | Ga. | 1921
( After stating the foregoing facts.)
The case of Sims v. Sims, 135 Ga. 439 (69 S, E. 545), was one where process was duly issued in a case requiring personal service, but no service was made, by reason of the defendant’s absence from the State; and it was held in that case that |he judge had, the right, upon the return of the defendant to the State, to pass an order amending the process by making it returnable to the next term after the date of the order, and providing for service. In speaking for the court in that ease Fish, C. J., said that “ This court has repeatedly recognized the right of the trial judge where there was process and no sendee, but some legal reason for the want thereof, to pass an order at a subsequent term to the appearance term, amending the process and extending the time for service,” citing a number of authorities.
In the cases relied on by the plaintiff application was made to amend the process at the second term of court; and they are eases where diligence had been shown in amending the process and in perfecting service. In the instant ease such diligence has not been shown on the part of the plaintiff, but on the contrary he has been guilty of laches in awaiting until after seven terms of the court had passed before moving to perfect 'Service on the defendant. The defendants in error, on the other hand, made their timely motion to dismiss the case after 'they were served with notice of the purpose of the plaintiff to perfect service.
In view of the foregoing authorities and the facts of this case, the effort of the plaintiff to perfect service on the defendants, after seven terms of the court had elapsed without any effort to do so, was “ abortive and void.” It follows that the trial judge did
Judgment affirmed.