lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
BROWN v. BAILEY.
EVANS v. BAILEY.
53024.
53025.
WEBB, Judge.
Action for damages. Fulton Superior Court. Before Judge Tanksley.
This is an appeal from an order of the trial court dismissing plaintiffs' actions for laches, unreasonable delay, and lack of diligence in prosecuting the action and in failing to effect service of process upon defendant until over seven months after the statute of limitation had run. See Childs v. Catlin, 134 Ga. App. 778 (216 SE2d 360) (1975).
The court found as a fact that defendant had been living in Fulton County continuously since December 13, 1972, the date of the automobile collision; that she made no effort to conceal her whereabouts; that she had a telephone in her house continuously since the collision; and that upon moving to a new residence in April, 1973, she executed a change of address form with the post office and had received mail from various people delivered to her house. These findings are binding here. Kingston Development Co. v. Kenerly, 132 Ga. App. 346, 348 (1) (208 SE2d 118).
According to plaintiffs' briefs the chosen method of perfecting service was "to stop all inquiry, wait a long time, then suddenly show up, surprising the defendant when they least expect it and think we've gone off looking somewhere else." While plaintiffs contend that "There is nothing dumb about such a plan," we will not hold, as a matter of law, that there is anything diligent about it.
Powell, Goldstein, Frazer & Murphy, Jerry B. Blackstock, Thomas P. Miller, for appellee.
ARGUED NOVEMBER 2, 1976 -- DECIDED NOVEMBER 8, 1976.
Saturday November 22 14:50 CST


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com