Morgan v. Pac. Fin. Co., 236 S.E.2d 28 (Ga. Ct. App. 1977). · Go Syfert
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Morgan v. Pac. Fin. Co., 236 S.E.2d 28 (Ga. Ct. App. 1977). Cases Citing This Book View Copy Cite
13 citation events across 4 distinct courts.
Strongest positive: Whildon L. Moyer v. Citicorp Homeowners, Inc. (ca11, 1986-10-24)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Whildon L. Moyer v. Citicorp Homeowners, Inc. (2×)
11th Cir. · 1986 · confidence medium
Inc. v. Taylor, 142 Ga.App. 386 , 236 S.E.2d 28, 29 (1977).
discussed Cited as authority (rule) E. Phillip Duderwicz and Diana Duderwicz v. Sweetwater Savings Association, Ronald Rader and Zhanna Rader v. Sweetwater Savings Association
5th Cir. · 1979 · confidence medium
In rejecting this contention the court held that “all money shown to have been paid in excess of the principal amount of the loan and not barred by the statute of limitation is recoverable.” 236 S.E.2d at 29 (emphasis added, citation omitted).
Retrieving the full opinion text from the archive…
Morgan
v.
Pacific Finance Company
53866.
Court of Appeals of Georgia.
May 19, 1977.
236 S.E.2d 28
Raiford Stanley, Jr., Willie Abrams, for appellant., Herndon & Hubble, John W. Hubble, Jr., for appellee.
McMurray, Bell, Smith.
Cited by 3 opinions  |  Published
McMurray, Judge.

Plaintiff, Pacific Finance Company, filed a complaint on a note against defendant, Johnny L. Morgan. Copies of the summons and complaint were left with defendant’s next door neighbor who apparently delivered them to defendant promptly.

On October 22, 1975, a default judgment was entered against defendant. Defendant filed a motion to set aside judgment for lack of personal jurisdiction on September 20, 1976. Defendant’s motion was denied and he appeals. Held:

The failure to obtain service by leaving a copy of the[*343] summons and complaint at defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein renders the judgment void, even though the defendant may have had knowledge of the pending lawsuit. Code Ann. § 81A-104 (d) (7) (Ga. L. 1966, pp. 609, 610; 1968, pp. 1104, 1105); Hardwick v. Fry, 137 Ga. App. 771 (225 SE2d 88); Thompson v. Lagerquist, 232 Ga. 75, 76 (205 SE2d 267); Mahone v. Marshall Furniture Co., 142 Ga. App. 242.

Argued May 2, 1977 Decided May 19, 1977. Raiford Stanley, Jr., Willie Abrams, for appellant. Herndon & Hubble, John W. Hubble, Jr., for appellee.

Judgment reversed.

Bell, C. J., and Smith, J., concur.