12 Ga. App. 409 | Ga. Ct. App. | 1913
1. The object of service of a bill of exceptions is to put the
defendant in error on notice. An entry of service by the sheriff can not give validity to a void bill o'f exceptions. An acknowledgment of service merely takes the place of service and entry of service by the sheriff, and is evidence that the physical paper was served. The act
3. Where judgment was rendered in a justice’s court in favor of the plaintiff, upon an account, for $100, and it was sought to review this judgment by certiorari, it being contended in the petition for certiorari that the justice’s court was without jurisdiction, liecause the plaintiff’s claim, as shown by the evidence, was over $100, and the amount of the claim had not been reduced by any credit “appearing on the cause of action sued on,” a copy .of the original summons, with the plaintiff’s cause of action attached, was material to a proper understanding of the error complained of. The magistrate did not send up with his answer copies of the original proceedings, and the petitioner for certiorari did not duly file exceptions to the answer; consequently the judge of the superior court did not err in dismissing the certiorari. Judgment affirmed.