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2018 Georgia Code 40-12-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-12-8 Case Law from Google Scholar Amendments to OCGA 40-12-8

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 12. Actions Against Nonresident Motorists, 40-12-1 through 40-12-8.

ARTICLE 2 CIVIL FORFEITURE OF VEHICLES AND COMPONENTS

40-12-8. Service upon personal representative.

If any person upon whom service of process is authorized by this chapter shall die, or be or become insane, or shall not be sui juris, service shall be made upon his administrator, executor, guardian, or other personal representative in the manner prescribed in this chapter, if such administrator, executor, guardian, or personal representative is not a resident of this state.

(Ga. L. 1957, p. 649, § 3.)

JUDICIAL DECISIONS

Ga. L. 1957, p. 649, § 3 (see now O.C.G.A. § 40-12-8) is not unconstitutional. The legislature exercised the legislature's police power in regulating the use of the state highways by providing that when a nonresident motorist subject to suit in Georgia dies, service shall be made upon the nonresident's personal representative, if not a resident of Georgia. Peterson v. Wade, 222 Ga. 805, 152 S.E.2d 745 (1966).

Proper method of service on nonresident minor defendant.

- Minor is not sui juris; accordingly, in order to perfect service upon a nonresident minor defendant under O.C.G.A. Ch. 12, T. 40, both the nonresident minor defendant and the minor's guardian must be served. Medlin v. Church, 157 Ga. App. 876, 278 S.E.2d 747 (1981).

Cited in Focht v. American Cas. Co., 103 Ga. App. 138, 118 S.E.2d 737 (1961).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 141 et seq.

C.J.S.

- 61 C.J.S., Motor Vehicles, § 1124 et seq.

ALR.

- Action or proceeding which directly or indirectly seeks to establish liability of, or to recover judgment against, a nonresident executor or administrator, or other fiduciary, as to in personam or in rem, as regards acquisition of jurisdiction under constructive or substituted service of process, 136 A.L.R. 621.

Who is subject to constructive or substituted service of process under statutes providing for such service on nonresident motorists, 155 A.L.R. 333; 53 A.L.R.2d 1164.

Constitutionality and construction of statute authorizing constructive or substituted service of process on, and continuation of pending action against, foreign representative of deceased nonresident driver of motor vehicle, arising out of accident occurring in state, 18 A.L.R.2d 544.

No results found for Georgia Code 40-12-8.