SMITH v. LAMB

38716, 38717.

103 Ga. App. 157 (1961)

118 S.E.2d 924

SMITH v. LAMB (two cases).

Court of Appeals of Georgia.

Decided February 15, 1961.


Attorney(s) appearing for the Case

Thomas F. Allgood, Olin B. Cannon, for plaintiffs in error.

Carlton G. Matthews, Jr., contra.


TOWNSEND, Presiding Judge.

Code § 81-121 provides that a minor between the ages of 14 and 21 years of age must be personally served, after which the court shall appoint a guardian ad litem, and the minor shall then be considered a party to the proceedings. Unlike most defenses, infancy, so far as service of process is concerned, is not a defense personal to the defendant, but is a statutory method of making parties, in the absence of

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