Effect on service.

- Construing Ga. L. 1865-66, p. 222, § 2 (see O.C.G.A. § 46-9-236) it has been held that service on an agent in the county where suit is instituted is incomplete where the president or chief officer resides in Georgia and the president's name has been posted as directed by that section. Conner v. Southern Express Co., 37 Ga. 397 (1867).

It was only where the president of an express company resided in Georgia, that service of process was required to be made upon the president by former Code 1882, § 3412 (see O.C.G.A. § 46-9-236). Posting the president's name in each office where the company transacts business was of no efficacy unless the president resided in Georgia whether the president's office was in Georgia or not. Southern Express Co. v. Skipper, 85 Ga. 565, 11 S.E. 871 (1890).

After judgment against the company upon a summons of garnishment served upon the local agent alone, the service will be held sufficient until the judgment is set aside, unless it affirmatively appears that the president resides in Georgia at the time of service. Southern Express Co. v. Skipper, 85 Ga. 565, 11 S.E. 871 (1890).