Seisel & Co. v. Wells
Supreme Court of Georgia
Equitable petition. Before Judge Eisb. Dooly superior court. March term, 1895. Seisel & Company and four others, for themselves and such other creditors as might join them, brought their petition against A. Wells, Mollie E. Wells, Frances M. Wells, E. W. Dunton, J. W. Haygood, and M. B. Gilmore, sheriff. At tbe final trial, plaintiffs struck tbe name of Ilaygood as a party defendant.
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Equitable petition. Before Judge Eisb. Dooly superior court. March term, 1895. Seisel & Company and four others, for themselves and such other creditors as might join them, brought their petition against A. Wells, Mollie E. Wells, Frances M. Wells, E. W. Dunton, J. W. Haygood, and M. B. Gilmore, sheriff. At tbe final trial, plaintiffs struck tbe name of Ilaygood as a party defendant. Defendants demurred to tbe petition as amended, for want of equity, and for misjoinder of parties and causes of action. They also moved to dismiss tbe petition as to E. M. Wells and E. W. Dunton, for want of…
1Opinion of the CourtLumpkin, J.
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…
2Cases cited1 opinion
- J.B. Ross & Son v. JonesSupreme Court of Georgia · 1874
3Cited by16 opinions
- Harrison v. LovettSupreme Court of Georgia · 1944
- Jones v. JonesSupreme Court of Georgia · 1953
- Irons v. American National BankSupreme Court of Georgia · 1933
- Jackson v. JacksonSupreme Court of Georgia · 1945
- Emmett & Co. v. DekleSupreme Court of Georgia · 1909
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