Tedlie v. Dill
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Warren. In Baker Superior Court. June Term, 1847. The said Edward H. Tedlie, with William P. Tedlie, and Jesse B. Tedlie, were sued jointly, by John Dill. The said Edward H. and William P. were served with process, and a return of,' “ not to be found,” was made by the officer as to Jesse B. Pending the suit and before judgment, the said William P. died.
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Motion to set aside judgment. Before Judge Warren. In Baker Superior Court. June Term, 1847. The said Edward H. Tedlie, with William P. Tedlie, and Jesse B. Tedlie, were sued jointly, by John Dill. The said Edward H. and William P. were served with process, and a return of,' “ not to be found,” was made by the officer as to Jesse B. Pending the suit and before judgment, the said William P. died. Dill, the plaintiff below, proceeded in the case to final judgment against the said Edward H. and William P., as though the said William P. was in life. No notice whatever was taken of his death. The…
1Opinion of the Court
By the Court.
Lumpkin, Judge,
delivering the opinion.
John Dill brought an action of assumpsit, in the Superior Court of Baker County, against Edward EL, William P., and Jesse B. Tedlie. Service was perfected on two of them, to wit: Edward H. and William P. Tedlie, and the sheriff returned, “ not to he founds as to the other defendant, Jesse B. Tedlie. William P. Tedlie died before the case was docketed, but no notice was taken thereof upon the record, and judgment was taken at the regular term against both of the defendants who were served.
At June Term, 1847, of Baker Court, a motion was made…
2Cited by8 opinions
- Brown v. TomberlinSupreme Court of Georgia · 1912
- Smith v. NelsonCourt of Appeals of Georgia · 1971
- Ammons v. HortonCourt of Appeals of Georgia · 1973
- Irwin v. ShufordSupreme Court of Georgia · 1916
- Hyde v. FornaraCourt of Appeals of Georgia · 1946
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