Townsend v. Williams

7 Citing cases

  1. Gookin v. State Farm Fire and Cas. Ins. Co.

    826 P.2d 229 (Wyo. 1992)   Cited 35 times
    In Gookin v. State Farm Fire & Cas. Ins. Co., 826 P.2d 229, 233–37 (Wyo.1992), we held the plaintiff failed to obtain jurisdiction over the defendant through substituted service of process because the process server was not properly appointed by the court and the plaintiff did not comply with other notification provisions under the statutes applicable to service of process on an insurer.

    The failure to properly appoint a person to deliver process means the service is without effect. Townsend v. Williams, 170 Ga. App. 766, 318 S.E.2d 510, 511 (1984). See also Denny v. Croft, 195 Ga. App. 871, 395 S.E.2d 72, 73 (1990); Mendoza v. ACME Transfer Storage Co., 66 N.M. 32, 340 P.2d 1080, 1083 (1959).

  2. Long v. Marion

    257 Ga. 431 (Ga. 1987)   Cited 36 times
    Finding that pro se litigant had waived his defense of insufficient service where, even though he raised it in his answer, he failed to request that the defense be included in the pretrial order

    1. Although Ferretti's defense of service of process by an unauthorized person ( Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984)) could have been raised in a responsive pleading (OCGA § 9-11-12 (b) (2)), the only basis for lack of service contained in his answer was that he was served with insufficient copies. The record is devoid of a showing that he enlarged the attack on service made in his answer.

  3. Zimmerman v. Hammer

    470 S.E.2d 688 (Ga. Ct. App. 1996)   Cited 5 times

    ]" Dept. of Transp. v. Marks, 219 Ga. App. 738 ( 466 S.E.2d 273) (1995). See, e.g., Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984) (chief of police not authorized to serve process); Denny v. Croft, 195 Ga. App. 871 (2) ( 395 S.E.2d 72) (1990) (Georgia Bureau of Investigation agent not authorized to serve process). In this case, the trial court found that Zimmerman lived near the Rockdale-Newton county line and that the sheriff mistakenly believed his residence was located in Rockdale County. The trial court concluded that because Zimmerman was personally served, "[d]eclaring that service to be insufficient would be elevating form over substance, rewarding [Zimmerman] for an unknown, unintentional, technical error that can be blamed on no one."

  4. Capra v. Rogers

    200 Ga. App. 131 (Ga. Ct. App. 1991)   Cited 7 times

    ]" Denny v. Croft, 195 Ga. App. 871 (2), 872 ( 395 S.E.2d 72) (1990). See also Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984). Accordingly, the trial court did not err in ruling that appellant's purported attempt to serve process on Charles and Lizzie Rogers in December by private process server was insufficient.

  5. Denny v. Croft

    195 Ga. App. 871 (Ga. Ct. App. 1990)   Cited 12 times

    Since the GBI agent was without authority to serve process, his attempt to do so was without effect. Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984). Furthermore, "`[t]hat (appellee) may have received a copy of the complaint and summons in connection with an attempted but invalid service does not suffice to afford the required notice of the action or dispense with a valid service.

  6. Terrell v. Porter

    189 Ga. App. 778 (Ga. Ct. App. 1989)   Cited 33 times

    [Cits.]" Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984). A copy of the summons and complaint left with a relative at a place other than appellee's residence or usual place of abode is not sufficient service.

  7. Long v. Marion

    182 Ga. App. 361 (Ga. Ct. App. 1987)   Cited 38 times
    Noting that a party "can pursue any number of inconsistent remedies prior to formulation and entry of judgment" and that a successful plaintiff could elect remedies in the case of an inconsistent verdict

    Ferretti's argument as to ineffective service is predicated on the fact that he was served by an individual who was an employee of the person formally appointed by the court to serve Ferretti. He relies on Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984) where we held that purported service by one not specially appointed by the court was without effect. We do not reach this issue, however, since insofar as the record reveals it was not raised in the trial court.