132 Ga. 593 | Ga. | 1909
(After stating the foregoing facts.)
Our attention is called to the cases of Seisel v. Wells, 99 Ga. 159 (25 S. E. 266), and Clayton v. Farrar Lumber Co., 119 Ga. 37 (45 S. E. 723), as maintaining a contrary view. In the first-cited case a petition was filed against several defendants, but •process was prayed against only two. The clerk attached process against all. Those defendants against whom there was no prayer for process acknowledged service of the petition. This court held, that the clerk had no authority to annex to a petition a .process requiring the appearance of persons against whom there was no prayer for process; and that a mere acknowledgment of service upon a petition, and a waiver of service of the same, is not a
Judgment affirmed.