Seisel & Co. v. Wells
99 Ga. 159 | Ga. | 1896
1. Persons against whom there is no prayer for process are not parties defendant to an action, and the clerk has no authority to annex to a petition a process requiring their appearance.
2. A mere acknowledgment of service upon a petition and a waiver of service of the same, is not a waiver of process; nor a waiver of a prayer for process. Ross & Son v. Jones, 52 Ga. 22.
3. The present petition was, as to two of the persons named therein as defendants, rightly dismissed “for want of process and service.”
4. As to 'the main defendant and his wife, against whom process was prayed, there was equity in the petition, and it was'error to dismiss the same so far as they were concerned.
Judgment affirmed in part, and in part reversed.