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LEE v. WADE

39010.

104 Ga. App. 375 (1961)

121 S.E.2d 694

LEE v. WADE et al.

Court of Appeals of Georgia.

Decided September 12, 1961.

Attorney(s) appearing for the Case

Lewis L. Scott, for plaintiff in error.

Cam U. Young, Franklin, Barham & Coleman, contra.

FELTON, Chief Judge.

"A prayer in a petition praying for process to issue requiring a defendant to answer at a time other than the time provided by law [Ga. L. 1946, pp. 761, 768; Code Ann. § 81-201] is defective and process issued thereon is subject to a motion to quash whether the process actually issued is in accordance with the law or in accordance with the prayer." McCoy v. Romy Hammes Corporation, 99 Ga.App. 513

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