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
DEICH et al. v. AMERICAN DISCOUNT COMPANY.
39779.
EBERHARDT, Judge.
Traverse to entry of servIce. Savannah City Court. Before Judge Alexander.
A traverse of an entry of service must allege that it is filed at the first term after notice to the defendant (Code 81-214), and must deny the truth of the entry of service. Parker v. Rosenheim, 97 Ga. 769, 771 (25 SE 763); Sanford v. Bates, 99 Ga. 145 (1) (25 SE 35); City of Albany v. Parks, 61 Ga. App. 55 (2) (5 SE2d 680); Caye & Co. v. Davidson, 94 Ga. App. 574 (1) (95 SE2d 746). While an amendment of a proper traverse may be made to make the sheriff a party (see Stone v. Richardson, 76 Ga. 97) "in order for a timely traverse, however made, to stand as such and furnish the basis of such an amendment . . . it must plainly and unequivocally deny the truth of the return as shown by the entry of service." Webb v. Armour Fertilizer Works, 21 Ga. App. 409, 410 (94 SE 610). Therefore, a traverse properly filed at the first term after notice but which fails specifically to deny the truth of the entry of service is not amendable at a subsequent term to so deny the truth of the entry.
After judgment in an undefended trover action, defendants filed a traverse to the entry of service. The traverse alleged filing at the first term after notice to the defendants but did not specifically deny the truth of the entry. Plaintiff's motion to dismiss was granted and the case was appealed. This court reversed the judgment because the motion was not renewed after a material amendment. Deich v. American Discount Co., 104 Ga. App. 308 (121 SE2d 702). The amendment specifically denied the truth of the entry and was allowed five terms of court after the original traverse was filed. Additional motions to dismiss were made and finally sustained on the grounds that the original traverse, failing to deny the truth of the entry of service, was legally insufficient and that the amendment, being itself the only legally sufficient traverse, came too late.
Kennedy & Sognier, John G. Kennedy, Jr., contra.
Crawford, Leeb & Calhoun, John R. Calhoun, for plaintiffs in error.
DECIDED OCTOBER 16, 1962 -- REHEARING DENIED NOVEMBER 15, 1962.
Sunday November 23 13:17 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