163 Ga. 311 | Ga. | 1926
In a petition addressed to the superior court of Seminole County and to the judge of the court, C. P. Wester alleged that previously to the filing of the petition he had filed his affidavit of illegality to an execution issued from the superior court of the county named, which execution was in favor of the Cairo Banking Company and against petitioner. In the affidavit of illegality petitioner had traversed the return of service made by the deputy sheriff of the county, and prayed that the deputy sheriff and sheriff of the county at the date of the alleged service should be made parties to the case. It was further alleged that the sheriff and deputy sheriff referred to, after the date of the alleged service of process and before the filing of the affidavit of illegality, had removed from the State of Georgia into the State of Florida, and
We are of the opinion that the refusal of the court to order service by publication is not such a final judgment as could be brought to this court for review. The petition is necessarily to be considered as ancillary to the affidavit of illegality and to that part of it praying that the former deputy sheriff and sheriff of Seminole County be made parties to the cause. The refusal to serve them by publication did not terminate the case; it was still pending. Consequently the bill of exceptions must be dismissed.
Writ of error dismissed.
