Whiteman v. Ledford

Groves, Justice.

1. On the motion to dismiss the writ of error for failure to serve a necessary party, the record shows the following: The original petition named seventeen defendants. Sixteen were properly served. The sheriff certified, “diligent search made and the defendant, Gene Ball, not to be found in Murray County, Georgia,” and no service was perfected on him. However, M. C. Tarver originally filed demurrers, general and special, to the petition, as “attorney for the defendants,” thus placing Ball before the court. These demurrers were later sustained by the trial court and the…