23 Ga. App. 797 | Ga. Ct. App. | 1919
In this ease there was an attempt to sue in a magistrate’s court on an open account, but the original summons was never signed by the magistrate, though the copy served upon the defendant appeared to be regular. The .defendant interposed a demurrer, on the ground that there had been no legal service, but he withdrew the demurrer, and thereupon filed a proper traverse to the return of the officer, complaining that there had been no legal service. Regardless of whether, under the requirement of section 4715 of the Civil Code that all suits before justices of the peace and notaries public who are ex-officio justices of the peace “shall be issued and signed by the justice
Judgment reversed.