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ALLEN v. McCORKLE

36334.

94 Ga. App. 452 (1956)

95 S.E.2d 50

ALLEN v. McCORKLE.

Court of Appeals of Georgia.

Decided October 10, 1956.

Attorney(s) appearing for the Case

Stone & Stone, for plaintiff in error.

Philip Sheffield, contra.

FELTON, C. J.

The court erred in dismissing the affidavit of illegality. Even after the nunc pro tunc amendment, the return of service still did not show that such service had been made by a proper officer of the City Court of Blakely. The act creating the City Court of Blakely (Ga. L. 1906, p. 161) provides: "That the Sheriff of Early county shall be ex-officio sheriff of the said city court of Blakely." Nothing is expressed in the creating act concerning the appointment...

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