184 Ga. 73 | Ga. | 1937
Lizella Fruit Farm, a corporation, brought its petition seeking to register the title to certain tracts of land pursuant to the land-registration law of this State. It was recited in the petition that Macon Savings Bank held a first security deed on each of the tracts of land described in the petition. The petition specifically named as “defendants” certain
Motion is made by Lizella Fruit Farm to dismiss the writ of
It is contended by the plaintiff in error that the attorneys who acknowledged service of the bill of exceptions for “defendant in error” were also attorneys for the Macon Savings Bank, and the bank is thus bound by the acknowledgment of service. It does not appear from the record that the attorneys for Lizella Fruit Farm, tbe named defendant in error, were also attorneys for the bank. Moreover, a proper acknowledgment of service will not cure the defect in having failed to make an essential party defendant in error. If the defect is amendable, no offer to amend was made. Toccoa Electric Power Co. v. Panter, 178 Ga. 258, 260 (173 S. E. 131); Poteet v. Beaver, 180 Ga. 383 (178 S. E. 721). For the reasons given above, the writ of error must be
Dismissed.