60 Ga. 628 | Ga. | 1878
The firm of Bell & Bryan was sued in the justice court for some sixteen dollars in this case, and sums under fifty
But it is argued that the case in 58 Ga., 149, is authority to the reverse of this, because it was there held that an attachment which was void, and dismissed on that account, could not be renewed under the six months act, but the certiorari here was merely irregular and not a mere nullity. It was dismissed because two cases could not be joined together, and we think that both or either could be renewed under the Code, §2932, and the adjudications of this court thereon, cited above.
Certainly service at the store of defendants was not, legal service, Code, §4141, because the statute requires it to be personal, or at the most notorious place of abode of the defendant, and not his place of business. And it is also settled that the summons must be dated at least fifteen days before the time fixed for the trial in cases where the amount sued for is under fifty dollars; because it is ruled that in cases over fifty the summons must be dated at least twenty days before the time of trial, to give the court jurisdiction, and if in less time the judgment is void. 59 Ga., 532. And it is further held that the case cannot be continued to another time, because there was no legal court sitting to take cognizance of the case for any purpose. 59 Ga., 603. And that it seems was the case here.
The record however is confused in respect to the date of the first meeting of the court and of the summons, indeed the summons is dated in the record fifteen days before court; but as the defendants did not appear and plead in this case, and were not properly served, it appearing that neither of them resided at the store, we think the court did not err in sustaining this certiorari.
Judgment affirmed.