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2018 Georgia Code 9-6-63 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-6-63 Case Law from Google Scholar Amendments to OCGA 9-6-63

TITLE 9 CIVIL PRACTICE

Section 6. Extraordinary Writs, 9-6-1 through 9-6-66.

ARTICLE 4 QUO WARRANTO

9-6-63. Service of writ and process.

  1. As used in this Code section, the term "personal service" means service by placing a copy of the writ and process in the quo warranto proceeding in the hands of the defendant.
  2. The writ and process in a quo warranto proceeding shall be served on the defendant personally.
  3. Service of the writ and process in such proceeding upon a resident of this state who is temporarily residing or sojourning outside this state may be perfected in the same manner as is provided for service of process by publication as set forth in paragraph (1) of subsection (f) of Code Section 9-11-4 or personal service outside the state as set forth in paragraph (2) of subsection (f) of Code Section 9-11-4. When service is perfected upon any such person as provided for in the aforesaid Code section, then the person shall be bound by the final decision of the proceedings as fully as though the person had been personally served within this state.

(Code 1933, § 64-202.1, enacted by Ga. L. 1964, p. 766, § 1; Ga. L. 2000, p. 1225, § 2.)

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Third parties.

- In an action seeking quo warranto, because the trial court's order was not directed at a party not served, and did not require that party to do anything, a third party lacked any legal right to complain that the party was not served. City of College Park v. Wyatt, 282 Ga. 479, 651 S.E.2d 686 (2007).

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Quo Warranto, § 55.

C.J.S.

- 74 C.J.S., Quo Warranto, § 40.

Cases Citing O.C.G.A. § 9-6-63

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Reliance Trust Co. v. Candler, 294 Ga. 15 (Ga. 2013).

Cited 9 times | Published | Supreme Court of Georgia | Nov 4, 2013 | 751 S.E.2d 47, 2013 Fulton County D. Rep. 3328

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City of Coll. Park v. Wyatt, 651 S.E.2d 686 (Ga. 2007).

Cited 3 times | Published | Supreme Court of Georgia | Oct 9, 2007 | 282 Ga. 479, 2007 Fulton County D. Rep. 3056

...619, 621, 44 S.E.2d 234 (1947) (if appellant did not intend to acquiesce in trial court's ruling he should have made proffer to enable appellate court to determine whether injury resulted). 3. The city also asserts Dixon was not personally served with process, see OCGA § 9-6-63, and that this quo warranto proceeding could not proceed without her....