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Lee v. Wade

LEE v. WADE Et Al.

Lee v. Wade, 121 S.E.2d 694 (Ga. Ct. App. 1961)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 12, 1961
Docket
No. 39010
Judges
Felton, Bell, Hall
Citations
121 S.E.2d 694104 Ga. App. 3751961 Ga. App. LEXIS 687

Opinion — Felton

Felton, Chief Judge.

“A prayer in a petition praying for process to issue requiring a defendant to answer at a time other than the time provided by law [Ga. L. 1946, pp. 761, 768;

Code Ann.

§ 81-201] is defective and process issued thereon is subject to a motion to quash whether the process actually issued is in accordance with the law or in accordance with the prayer.”

McCoy v. Romy Hammes Corporation, 99 Ga. App. 513 (1) ( 109 SE2d 807 ). This defect in the plaintiff’s prayer for process was amendable (Malcom v. Knox, 81 Ga.

*376 App. 579, 59 SE2d 542 ), but since the prayer for process was not amended, and since the process itself was amended to conform with the requested invalid term process, the process remained voidable. As this defective process was not waived by the defendants, the trial court did not err in sustaining the defendants’ motions to quash the process and dismiss the plaintiff’s action.

Decided September 12, 1961.

Lewis L. Scott, for plaintiff in error.

Cam U. Young, Franklin, Barham & Coleman, contra.

Judgment affirmed.

Bell and Hall, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1963: 11967: 11973: 119632026peak 1963 · 1

Relies on it most ⓘ

  1. Thompson v. Willson155 S.E.2d 401 (Ga. 1967)
  2. Hunt v. Denby197 S.E.2d 489 (Ga. Ct. App. 1973)
  3. Burrow v. Dickerson132 S.E.2d 550 (Ga. Ct. App. 1963)

Most recent

  1. Hunt v. Denby197 S.E.2d 489 (Ga. Ct. App. 1973)
  2. Thompson v. Willson155 S.E.2d 401 (Ga. 1967)
  3. Burrow v. Dickerson132 S.E.2d 550 (Ga. Ct. App. 1963)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
McCoy v. Romy Hammes Corp., 109 S.E.2d 807 (Ga. Ct. App. 1959) 6
Malcom v. Knox, 59 S.E.2d 542 (Ga. Ct. App. 1950) 8

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