138 Ga. 66 | Ga. | 1912
(After stating the facts.) "We are of the opinion that the court properly held that the case should be dismissed, as jurisdiction of the defendants had never been obtained by valid service. There is no provision in our law for the issuance of second originals and of process directed to the sheriff of another county than that in which the suit was brought, under the facts shown in this record. It is true that the filing of the petition is the commencement of the suit, where service is afterwards duly perfected, the service then relating back to the time, of the filing of the petition. But in the present case service was never properly effected. If before the time of the service the defendants removed from the county of Liberty to Bryan county under circumstances which made this removal to Bryan county a change of their domicile to that county, then the
It follows, from what we have said above, that the defendants in the case had never.been properly served; and the court did not err in dismissing the cause, as it does not appear that any motion was made for a continuance in order to have service properly perfected.
Judgment affirmed.