Bank of Sardis v. Sanders

Felton, Chief Judge.

The motion to dismiss the writ of error is denied. Under Code § 6-1202 as amended, where one party has been duly brought within the jurisdiction of this court, this court will require service upon the other defendant who has not been served with a copy of the bill of exceptions and has not waived service. Moon v. Moon, 105 Ga. App. 597 (125 SE2d 560).

This action is not by the plaintiff as transferee of the instrument but is one based on the implied promise of the maker to pay the accommodation indorser upon the maker’s failure or refusal to pay where the accommodation…