124 Ga. 994 | Ga. | 1906
W. C. IJodnett, W. F. Strickland, E. M. Allen, Diehard George et al. filed their equitable petition, in the superior court of Carrol] county, against J. W. Douglass, H. C. Rabun, Mrs. E. L. Rabun, J. T. Libbjq J. H. Teare, and C. H. Simpson, for an accounting, cancellation of deeds, injunction and a receiver,
Hpon the call of the case in this court, counsel for defendants in error moved to dismiss the writ of error, on the "ground that the record'shows that no'proper service of the bill of exceptions was made as to H. C. Eabun, Emma L. Eabun, J. F. Libby, and J. H. Teare, defendants in error, “the record disclosing that the only service had in said case was made by the sheriff serving a copy of the original bill of exceptions on tí. Holderness as of counsel of record for the defendants in error, the record in said case, together with the bill of exceptions, showing that said S. Holderness was not of counsel for the above-named parties.” The record fails to show that either of the above-named persons filed an answer or
Writ of error dismissed.