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Lawskills.com Georgia Caselaw
MORGAN v. BERRY.
58725.
SHULMAN, Judge.
Harassment. Fulton Superior Court. Before Judge Tidwell.
Plaintiff's complaint failed to assert that defendant was a resident of Fulton County (the county in which suit was brought), which assertion in the within case was essential to the establishment of the court's venue over the defendant. Code Ann. 3-201.
Since defendant properly raised the defense of improper venue (see Code Ann. 81A-112 (h)) at the appropriate time, and filed a motion within 30 days of the judgment contesting that determination, his defense of lack of venue was not waived by the fact that the case was allowed to go to default judgment. Compare Allen v. Alston, 141 Ga. App. 572 (234 SE2d 152); Hatfield v. Leland, 143 Ga. App. 528 (239 SE2d 169).
Thus, since plaintiff failed to comply with the requirements of 81A-108 (a) (1) (which required facts upon which the court's venue depends to be set forth in the complaint), and since defendant did not waive his right to challenge the court's venue (compare Allen, supra), the trial court erroneously denied his motion to set aside for lack of jurisdiction. See, e.g., Phillips v. Williams, 137 Ga. App. 578 (224 SE2d 515).
Raborn L. Davis, for appellee.
David N. Levine, for appellant.
ARGUED OCTOBER 3, 1979 -- DECIDED NOVEMBER 30, 1979.
Friday May 22 02:48 EDT


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