Leniston v. Bonfiglio is worthy of inspection not only because of the proposition for which the case stands but also because of the manner in which the Georgia Court of Appeals chose to convey this proposition to the reader. Mrs. Alice Bonfiglio filed her complaint in the State Court of DeKalb County for $200 in damages to her automobile, allegedly precipitated by the negligence of defendant, Mrs. Leniston. Service of process was effectuated by a deputy marshal's tacking the summons to the door' of Mrs. Leniston's most notorious place of abode in DeKalb County, pursuant to C.P.A. § 4(d)(6).1 Contending that she had been improperly served, defendant moved to dismiss the complaint for lack of personal jurisdiction, since C.P.A. § 4(d)(6) authorizes leaving a copy of the summons at defendant's most notorious place of abode only in cases where the principal sum is less than $200. The trial court allowed plaintiff to amend her complaint by reducing the amount of relief demanded from $200 to $150, thereby bringing it within the confines of the statute. In light of the amendment to the complaint, defendant's motion to dismiss was denied and the case was tried before the court sitting without a jury. The court found for the plaintiff in the amount of $131.06.
Gray, Michael G.
"Amendments May Relate Back To Validate Service of Process,"
Mercer Law Review: Vol. 28:
2, Article 14.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol28/iss2/14