This is an appeal from the State Court of DeKalb County on certification, from denial of a motion by a tenant (Hickey) to dismiss an action brought by a landlord (Merrit) for back rent and sanitary taxes on certain rental property in the amount of $1,080. The motion alleged that the mode of service did not comply with the Civil Practice Act. The only issue on this appeal is whether the appellant was properly served and therefore subject to the lower court’s jurisdiction.
Appellee filed the suit June 6, 1972. Service was made on appellant by a deputy marshal whose return of service read, "I have this day served the defendant Clarence and Norma Hickey personally with a copy of the within action and summons. This 12 June, 1972. . . .” The marshal wrote above the return of service, "Seen from window, talked to through door, refused to open.” The summons defendant alleges was left with him reads "Delivered same into hands of door refused to answer ..."
The Civil Practice Act (Ga. L. 1966, pp. 609, 610; 1967, pp. 226, 227, 228, 249; 1968, p. 1036; 1968, pp. 1104, 1105; *7651969, p. 487; 1972, pp. 689, 692; Code Ann. § 81 A-104 (d) (7))requires service to be made in such cases "to the defendant personally, or by leaving copies thereof at his dwellinghouse or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.” That Act (Code Ann. § 81 A-104 (g)) requires proof of service: "(g) Return.— The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. Proof of service shall be as follows: (1) If served by a sheriff or marshal, or his deputy, the affidavit or certificate of such sheriff, marshal, or deputy, or ... (4) ... In case of service otherwise than by publication, the certificate or affidavit shall state the date, place and manner of service. Failure to make proof of service shall not affect the validity of the service.”
In the instant case, the return states the date of service to be June 12, 1972, the place of service to be in DeKalb County, Georgia, and the manner of service to be personal. Compliance with the statute is indicated by the return. The added notation indicating he saw the defendants from a window, and talked to them through the door, even though they refused to open the door, merely explains in greater detail how he perfected the personal service on Clarence (appellant herein) and Norma Hickey.
Even if we assume, and there is no proof in the record, that appellant’s copy was left at his door at the same time service was effected for which the return was made there is no inconsistency. If defendants would not open the door the process server had no alternative to leaving a copy at the door so defendants could pick it up when he departed. Leaving it at the door is *766consistent with the notation on that return "Seen from window, talked to through door, refused to open.”
Argued February 13, 1973 Decided April 11, 1973. Nancy McCormick, for appellant.The critical question is the fact of service and not the nature of the return. The return shows personal service and appellant has presented no evidence to disprove that service. Only one type of service is indicated in the return to the court, viz., personal service. The defendant is apprised by the return of what he must contest. Southeastern Fidelity Ins. Co. v. Heard, 123 Ga. App. 635, 637 (182 SE2d 153).
Appellant offered no evidence, other than the copy of the summons he alleges was left with him reading "Delivered same into hands of door refused to answer..."
"A return of service entered upon a declaration is not conclusive as to the facts therein recited. It may be traversed and impeached by proof that it is untrue. It is of itself, however, evidence of a high order, and can only be set aside upon evidence which is not only clear and convincing, but the strongest of which the nature of the case will admit.” Denham v. Jones, 96 Ga. 130, 132 (23 SE2d 78). The entry of service of the sheriff or his deputy imports verity. Williams v. Atlanta Nat. Bank, 31 Ga. App. 212, 219 (120 SE 658); Burger v. Dobbs, 87 Ga. App. 88, 92 (73 SE2d 75); Rupee v. Mobile Home Brokers, Inc., 124 Ga. App. 86, 88 (183 SE2d 34).
The trial court did not err in overruling the motion to dismiss.
Judgment affirmed.
Eberhardt, P. J., and Stolz, J., concur.