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SOUTHERN BELL TEL. & TEL. CO. v. JACKSON

38510.

102 Ga. App. 699 (1960)

117 S.E.2d 550

SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY v. JACKSON et al.

Court of Appeals of Georgia.

Rehearing Denied November 17, 1960.

Attorney(s) appearing for the Case

Shirley C. Boykin, William P. Johnson, Claude Driver, for plaintiff in error.

Howe & Murphy, D. B. Howe, Harold L. Murphy, contra.

NICHOLS, Judge.

1. Under the decision of the Supreme Court in Jones v. Bibb Brick Co., 120 Ga. 321 (48 S. E. 25), if the service in the present case was valid and the return defective the return could be corrected by amendment; however, if the service was void then no amendment to the return could validate it. Accordingly, the judgments overruling the demurrer to the amendment to the return of service and overruling the motion to strike the amendment, if error...

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