Byrd & Co. v. Interstate Chemical Co.

The defendant in execution having failed to make the sheriff of the county a party to the traverse, of the entry of service (Civil Code, § 5566),-and having failed to give the sheriff any notice whatever thereof, the entry of service appearing to haye been made by a deputy sheriff, who was made a party, the illegality proceeding could have had no other legal termination than in favor of the defendant in error. Georgia Railway & Power Co. v. Davis, 14 Ga. App. 790 (82 S. E. 387); Rawlings v. Brown, 15 Ga. App. 162 (3), 164 (82 S. E. 803); Citizens Bank of Bainbridge v. Fort, 15 Ga. App. 427…