Bank of La Fayette v. Home Finance Company of Rome, Georgia
| Decision Date | 04 November 1959 |
| Docket Number | No. 20637,20637 |
| Citation | 111 S.E.2d 361,215 Ga. 535 |
| Parties | BANK OF LA FAYETTE v. HOME FINANCE COMPANY OF ROME, GEORGIA, Inc., et al. |
| Court | Georgia Supreme Court |
Certiorari to Court of Appeals of Georgia.
For former opinion see 99 Ga.App. 873, 110 S.E.2d 57.
Matthews, Maddox, Walton & Smith, Rome, for plaintiff in error.
Clinton J. Morgan, Wright, Rogers, Magruder & Hoyt, Rome, for defendants in error.
Syllabus Opinion by the Court
In view of the ruling of this court in Home Finance Co. of Rome, Georgia, Inc., v. Bank of La Fayette, 215 Ga. ----, 111 S.E.2d 359, where it was held that the defendant had not waived its plea in abatement and traverse of service, the trial of the case upon its merits prior to the trial of the special plea and traverse of service, and a determination that the court had jurisdiction of the defendant was premature, and the proceedings therein were a nullity and must be set aside.
Judgment reversed.
All the Justices concur.
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