Citizens Bank v. Alexander-Smith Academy, Inc., 178 S.E.2d 178 (Ga. 1970). · Go Syfert
Citizens Bank v. Alexander-Smith Academy, Inc., 178 S.E.2d 178 (Ga. 1970). Cases Citing This Book View Copy Cite
32 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: Terres Bend Homeowners Ass'n v. Overcash (ncctapp, 2007-08-07)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 8 distinct citers.
cited Cited as authority (rule) Terres Bend Homeowners Ass'n v. Overcash
N.C. Ct. App. · 2007 · confidence medium
Hobby & Son, Inc., 302 N.C. at 70 , 178 S.E.2d at 178.
discussed Cited "see" G. J. Soracco, M.D., P.C. v. Domineck (2×)
Ga. Ct. App. · 1998 · signal: accord · confidence high
Accord Citizens Bank of Hapeville v. Alexander-Smith Academy, 226 Ga. 871 ( 178 SE2d 178 ) (1970); Adair Realty Co. v. Greenbriar-Fulton, 149 Ga. App. 669 ( 255 SE2d 128 ) (1979).” Whatley’s Interiors v. Anderson, 176 Ga. App. 406, 407 (2) ( 336 SE2d 326 ) (1985).
discussed Cited "see" Arc Security, Inc. v. Massey Business College (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Citizens Bank v. Alexander-Smith Academy, 226 Ga. 871 ( 178 SE2d 178 ) (1970). 2.
discussed Cited "see" Whatley's Interiors, Inc. v. Anderson (2×)
Ga. Ct. App. · 1985 · signal: accord · confidence high
Accord Citizens Bank of Hapeville v. Alexander-Smith Academy, 226 Ga. 871 ( 178 SE2d 178 ) (1970); Adair Realty Co. v. Greenbriar-Fulton, 149 Ga. App. 669 ( 255 SE2d 128 ) (1979).
discussed Cited "see, e.g." Johnson v. Rao (2×)
Miss. · 2007 · signal: compare · confidence low
Co. v. Kennesaw Transp., 168 Ga.App. 701, 702 , 309 S.E.2d 917, 919 (1983) (service proper on an employee who had some discretion and authority regarding the management of the office); compare with Citizens Bank of Hapeville v. Alexander-Smith Academy, 226 Ga. 871, 872 , 178 S.E.2d 178, 179-80 (1970) (service not proper on "personal secretary/typist" because no evidence introduced to establish that she had any discretion or authority regarding the operation of the corporation) and Whatley's Interiors, Inc. v. Anderson, 176 Ga.App. 406, 407 , 336 S.E.2d 326, 328 (1985) (service not proper on an…
discussed Cited "see, e.g." Irma Cohen Johnson v. Gutti Rao (2×)
Miss. · 2005 · signal: compare · confidence low
Co. v Kennesaw Transp., 168 Ga. App. 701, 702 , 309 S.E.2d 917, 919 (1983) (service proper on an employee who had some discretion and authority regarding the management of the office); compare with Citizens Bank of Hapeville v. Alexander- Smith Academy, 226 Ga. 871, 872 , 178 S.E.2d 178, 179-80 (1970) (service not proper on “personal secretary/typist” because no evidence introduced to establish that she had any discretion or authority regarding the operation of the corporation) and Whatley’s Interiors, Inc, v. Anderson, 176 Ga. App. 406 , 16 407, 336 S.E.2d 326, 328 (1985) (service not p…
discussed Cited "see, e.g." James Henderson, Trustee for Service Equipment Company v. Cherry, Bekaert & Holland, a Partnership (2×)
11th Cir. · 1991 · signal: compare · confidence low
Compare Citi *1409 zens Bank of Hapeville v. Alexander-Smith Academy, 226 Ga. 871 , 178 S.E.2d 178 (1970) (service not proper on "receptionist-typist") and Whatley's Interiors, Inc. v. Anderson, 176 Ga.App. 406 , 336 S.E.2d 326 (1985) (service not proper on "personal secretary/typist") and Adair Realty Co. v. Greenbriar-Fulton, Inc., 149 Ga.App. 669 , 255 S.E.2d 128 (1979) (service not proper on "secretary-receptionist") and Thoni Oil Co. v. Tinsley, 140 Ga.App. 887 , 232 S.E.2d 162 (1977) (service not proper on employee designated as "Mgr." on return of service, but shown by uncontroverted af…
discussed Cited "see, e.g." Fireman's Fund Insurance v. Northern Freight Lines, Inc. (2×)
Ga. · 1971 · signal: compare · confidence low
Compare Citizens Bank of Hapeville v. Alexander-Smith Academy, 226 Ga. 871 ( 178 SE2d 178 ).
Citizens Bank of Hapeville
v.
Alexander-Smith Academy, Inc.
26128.
Supreme Court of Georgia.
Nov 5, 1970.
178 S.E.2d 178
Leonard M. Steinberg, for appellant., Dunaway, Shelfer, Haas & Newberry, Bruce Weddell, for appellee.
Mobley.
Cited by 15 opinions  |  Published
Mobley, Presiding Justice.

Appellee, Alexander-Smith Academy, Inc., brought a complaint in equity against appellant, Citizens Bank of Hapeville, and Homer A. Spruill, Marshal of the Civil Court of Fulton County, to set aside a judgment rendered against it in a garnishment proceeding. The trial court sustained appellee’s motion for summary judgment, quashed the “attempted service of summons of garnishment on plaintiff,” and declared the judgment entered null and void.

The appeal is from that judgment, and enumerated as error is the grant of the judgment.

The material facts are: Citizens obtained a judgment against[*872] Hugh D. Thompson, Jr., an employee of appellee. Citizens brought garnishment proceedings against appellee, which were served by Homer A. Spruill, through his deputy, Higginbotham, by handing the summons of garnishment to Marion Brown, a receptionist-typist in appellee’s office. Thompson, who happened to be in the office at the time, took the papers and disposed of them, and the officers of the company knew nothing about the garnishment. Thereafter judgment by default was taken against appellee.

The issue is whether service of garnishment proceedings was properly made upon appellee, Alexander-Smith Academy, Inc., by handing the summons to Marion Brown, an employee of the corporation.

Code §-46-106 provides: “Service of a summons of garnishment upon the agent in charge of the office or business of the corporation in the county or district at the time of service shall be sufficient.” The sole question is whether Marion Brown was the agent in charge of the office or business of the corporation when served. We are of the opinion that the uncontradicted evidence shows that she was not a person upon whom service could be perfected.

By affidavit, Ralph G. Page swore that he was chief executive officer of appellee and was agent in charge of the office and business of the corporation and was present throughout the day of the attempted service, and that he was never apprised of the existence of the garnishment prior to the default judgment taken thereon.

Paul R. Smith, president and director of appellee, swore that Marion Brpwn was a receptionist-typist and had no authority to accept service of the garnishment papers or processes of any nature, and that only Ralph G. Page, chief executive officer, was designated to accept processes concerning garnishment, and on the date of service he was the agent in charge of the office and place of business.

Marion Brown, by affidavit, swore that she is only a receptionist-typist, has been employed to perform in no other capacity, and has never been instructed to accept service of process. She[*873] denied the statement in the answer of Homer A. Spruill that at the time Higginbotham handed her the summons of garnishment, she told him she was the proper person with whom to leave it.

A careful review of the pleadings and affidavits reveals that the statement of Spruill is the only evidence that could possibly make an issue of fact, and it does not do so for the reason that it is hearsay — what Higginbotham, who served the summons, told him that Marion Brown said. Being hearsay, it has no probative value and, furthermore, it was not made on personal knowledge as required by Code Ann. § 81 A-156 (e) (Ga. L. 1966, pp. 609, 660). There was no evidence to contradict the sworn statements of Page, Smith, and Marion Brown that she was not the agent in charge of appellee’s office, and that she did not tell Higginbotham that she was.

The trial court properly held that the attempted service of summons of garnishment was not properly perfected on appellee according to Code § 46-106, and that there was no showing made, by affidavit or otherwise, that there existed a genuine issue of material fact for trial; and properly granted appellee’s motion for summary judgment, quashed the attempted service of garnishment, and declared the judgment entered against appellee null, void, and of no effect.

Judgment affirmed.

All the Justices concur.