37 Ga. App. 692 | Ga. Ct. App. | 1927
A joint action was filed against Woolford Realty Company and the defendant in error, Richardson, to the September term, 1925, of the superior court of Pulton county, it being alleged that each of the defendants resided in that county. On this suit process was issued and personal service perfected against each of the defendants. At the September appearance term Richardson appeared and filed a plea in abatement and traverse of the entry of service, setting forth that he was a resident not of Pulton county but of DeKalb county. Whereupon, at the September appearance term, on the 22d day of October, the plaintiff amended his petition by setting out that Richardson was a resident of DeKalb county, and prayed that a new process issue and that the case be made returnable to the January term, 1926. The judge signed an order that Richardson be served with a second original process directed to the sheriff of DeKalb county, and that the case be made returnable to the January term, 1926. The process prayed for was not issued or served as called for by the order, and the November, January, and March terms elapsed before any further action was taken. At the May term, 1926, the plaintiff procured from the judge an ex parte order making the July term, 1926, the appearance term, and ordering that process be issued, returnable to that term, as provided by the previous order. It thus appears that the plaintiff remained inactive from October 22,1925, until the May term, 1926, during which period
Judgment affirmed.