Narrative Opinion Summary
The Supreme Court of Georgia reversed the Court of Appeals' decision regarding the application of Code Ann. 81A-104(d) on personal service of process in garnishment cases. The Court clarified that the service methods outlined in this code are indeed applicable as alternative methods in various legal proceedings, including those in the court of ordinary and other special statutory contexts. The Court noted that Code Ann. 46-103 does not explicitly prohibit the use of personal service provisions found in Code Ann. 81A-104(d) for garnishment. It emphasized that service is considered sufficient if conducted in accordance with the relevant statutes or the provisions of Code Ann. 81A-104 itself. The Court concluded that there is no inherent conflict between the cited code sections, and the exceptions in Code Ann. 81A-181 do not apply, rendering it inoperative. The judgment was reversed unanimously by all Justices.
Legal Issues Addressed
Interpretation of Code Ann. 81A-104(d) in Legal Proceedingssubscribe to see similar legal issues
Application: The Court clarified that the methods of service outlined in Code Ann. 81A-104(d) are applicable in various legal contexts, including special statutory proceedings, and are not limited by Code Ann. 46-103.
Reasoning: The Court clarified that the service methods outlined in this code are indeed applicable as alternative methods in various legal proceedings, including those in the court of ordinary and other special statutory contexts.
Non-conflict Between Code Sections in Garnishment Processessubscribe to see similar legal issues
Application: The Court found no inherent conflict between Code Ann. 81A-104(d) and other cited code sections, confirming that the exceptions in Code Ann. 81A-181 do not apply.
Reasoning: The Court concluded that there is no inherent conflict between the cited code sections, and the exceptions in Code Ann. 81A-181 do not apply, rendering it inoperative.
Personal Service of Process in Garnishment Casessubscribe to see similar legal issues
Application: The Supreme Court of Georgia determined that personal service of process as outlined in Code Ann. 81A-104(d) is applicable in garnishment cases, affirming its use as an alternative method in various legal proceedings.
Reasoning: The Supreme Court of Georgia reversed the Court of Appeals' decision regarding the application of Code Ann. 81A-104(d) on personal service of process in garnishment cases.
Sufficiency of Service Under Code Ann. 81A-104subscribe to see similar legal issues
Application: Service is deemed sufficient if conducted in accordance with the relevant statutes or the provisions of Code Ann. 81A-104, ensuring compliance with legal standards.
Reasoning: It emphasized that service is considered sufficient if conducted in accordance with the relevant statutes or the provisions of Code Ann. 81A-104 itself.