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LEWALLEN v. ROGERS

37788.

100 Ga. App. 267 (1959)

110 S.E.2d 596

LEWALLEN v. ROGERS.

Court of Appeals of Georgia.

Rehearing Denied September 29, 1959.

Attorney(s) appearing for the Case

Herbert B. Kimzey, Kimzey & Kimzey, for plaintiff in error.

Emory F. Robinson, Wheeler, Robinson, Norton & Thompson, contra.

NICHOLS, Judge.

1. The defendant's residence on the date on which suit is filed and summons served determines the county wherein an action for damages may be instituted against him. Weatherly v. Cotter, 142 Ga. 457 (83 S. E. 104).

2. Under the uncontradicted testimony of the defendant in this case, at the time suit was instituted against him in the City Court of Habersham County, and service purportedly perfected, he was a resident of Fulton...

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