19 Ga. App. 729 | Ga. Ct. App. | 1917
The bill of exceptions in this case recites that the Bank of Dalton brought suit against W. J. Clark, F. W. Hix, L. F.'Clark, J. G-. McAfee, and B. L. Heartsill, and that the jury-rendered a general verdict in favor of the defendants. It appears from the record, and from the sworn motion to disiniss the bill of exceptions, and from the affidavits attached to the motion, that M. C. Tarver, as attorney, represented four of the defendants, but that he did not represent B. L. Heartsill; that on the trial HearD sill was not represented by any attorney, and that he filed no defense to the suit against him. The bill of exceptions was not served upon Heartsill, nor was such service waived. The only person served with the bill of exceptions was M. C. Tarver, who signed the following acknowledgment: “Due and legal service of the within bill of exceptions acknowledged, copy and all other or further notice waived. This 3nd day of December, 1916. M. C. Tarver, attorney for defendants.” It appearing undisputed from the record, and the verified motion to dismiss the bill of excep
Heartsill was named as a defendant in the suit in the trial court by the plaintiff itself, and, being duly served by the sheriff, as shown by the record, he was a party to the trial proceedings. He was again named by the plaintiff in error as a defendant in the bill of exceptions, and an attempt was made to serve the bill of exceptions upon him by serving an attorney who the plaintiff in error thought represented him. Under such circumstances, on the motion to dismiss the writ of error upon the ground that the bill of exceptions was not served upon Heartsill, nor service acknowledged
Writ of error dismissed.