47 Ga. App. 356 | Ga. Ct. App. | 1933
“The entry of the sheriff or any officer of the court, or his deputy, may be traversed by the defendant at the first term after notice of such entry is had by him, and before pleading to the merits.” Civil Code (1910), § 5566. Where a traverse of a sheriff’s return of service -was filed on the 4th of January (being the first Monday), 1932, and it was alleged on oath that the traverse was presented “at the first term of said court after notice to it of the entry of service purporting to show defendant legally served in Fulton county, Georgia,” and the record and return of service show that the return was made on October 21, 1931, after the filing of the suit and issuance of process on October 20, 1931, which was not returnable until the first Monday in January, 1932, the traverse was not subject to dismissal on mere motion as being filed too late and as not containing sufficient allegations to show that it was filed in due time. The general averments were not mere conclusions of law, and were a sufficient compliance with the statute. Dozier v. Lamb, 59 Ga. 461, 464; Parker v. Rosenheim, 97 Ga. 769 (2), 771 (25 S. E. 763).
The language “at the first term after notice of such entry is had by him,” in the above-cited code section relating to traverses, will be construed to mean that a traverse need not be filed before the appearance or return term to which the suit is filed (as required under the process issued in the case), and that if the traverse is not filed until subsequently, it must be filed at the first term of the court after the defendant has notice of such entry. A defendant who has been “served with petition and process” is required to
While it is true that, under section 2258 of the Civil Code, “a foreign corporation doing business in this State and having agents located therein for this purpose may be sued and served in the same manner as domestic corporations, upon any transitory cause of action” (Reeves v. So. Ry. Co., 121 Ga. 561, 564) (49 S. E. 674, 70 L. R. A. 513, 2 Ann. Cas. 207), and that by such statute service of process in a suit against any such foreign or domestic corporation “may be perfected by serving any officer or
Judgment affirmed.