How cited: Bell v. New Orleans & Northeastern Railroad · Go Syfert

Bell v. New Orleans & Northeastern Railroad (1907)

green · 55 citation events across 4 courts. Showing the 6 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1907 → 2026 · click a year to view the case as of then
190719662026
Rule Authority · Ga. Ct. App. · 2 citations in this opinion
Co., 2 Ga. App. 812, 816 ( 59 SE 102 ) (1907).
Rule Authority · Ga.
Co., 2 Ga. App. 812, 816 ( 59 SE 102 ), and that it would be pointless to say that the defendant in this case failed to strictly comply with the requisites of a valid attack on service.
Rule Authority · Ga. Ct. App.
Co., 2 Ga. App. 812, 816 ( 59 SE 102 ), cites the Livingston case for the following proposition: “When the record shows a valid return of service, and it is necessary to resort to extrinsic testimony to show that there has been no service, or that the service was for any reason invalid, the objection can be made only by plea in abatement (if before judgment), and in connection therewith the sheriff’s return must be *119 duly traversed. 19 Am. & Eng.
Rule Authority · Ga. Ct. App.
Rule Authority · Ga. Ct. App.
Co., 2 Ga. App. 812, 817 ( 59 S. E. 102 ); Wright v. Southern Ry.
Rule Authority · Ga. Ct. App.
In Georgia, however, the statute declares (Civil Code, § 5566) : “The entry of the sheriff or any officer of the court, or his deputy, may be traversed by the defendant at the first term after notice of such entry is had by him, and before pleading to the merits; but this shall not deprive the defendant of his right of action against the sheriff for a false return.” In the case of Bell v. New Orleans & Northeastern Railroad Co., 2 Ga. App. 812, 816 ( 59 S. E. 102, 104 ), the…