DAVISON-PAXON COMPANY v. BURKART

35542.

92 Ga. App. 80 (1955)

88 S.E.2d 39

DAVISON-PAXON COMPANY v. BURKART et al.

Court of Appeals of Georgia.

Rehearing Denied May 23, 1955.


Attorney(s) appearing for the Case

Houston White, Emory A. Schwall, David A. Heuett, for plaintiff in error.

Helen Harper, Heyman & Abram, contra.


NICHOLS, J.

We have for consideration the question whether or not the trial judge erred, as held by the Appellate Division of the Civil Court of Fulton County, in sustaining the plaintiff's motion to dismiss the defendant's motion to set aside the default judgment. The record shows that Mrs. Burkart, codefendant, was served personally, and the return of service as to J. S. Burkart was as follows: "I have this day served the defendant, Mr. J. S. Burkart, 1069 N. Pelham...

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