Walter v. Kierstead
Supreme Court of Georgia
Practice in Supreme Court. Courts. Jurisdiction. Admiralty. United States Courts. Attachment. Pleadings. Maritime Law. Tenants in Common. Partnership. Garnishment. Practice in Superior Court. Before Judge Mersiion. Glynn Superior Court.
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Practice in Supreme Court. Courts. Jurisdiction. Admiralty. United States Courts. Attachment. Pleadings. Maritime Law. Tenants in Common. Partnership. Garnishment. Practice in Superior Court. Before Judge Mersiion. Glynn Superior Court. May Term, 1884. To the report contained in the decision, it is only necessary to add, in explanation of the first division thereof, the following: The only evidence of service of the bill of exceptions is an affidavit attached thereto of one C. I.. Stacy, in which he stated that he had served a copy of the bill of exceptions on the attorneys of defendant in…
1Opinion of the Court
Hall, Justice.
1. The motion to dismiss the writ of error must be denied. While the statute (Code, §4259) states in terms that, within ten days after the bill of exceptions has been signed and certified, the plaintiff therein shall serve a copy of the same upon the opposite party, etc., it has never been so rigidly construed as to hold that the service must be made by the plaintiff in error himself, and that service by any other person would be insufficient. On the contrary, it has been frequently held that service made by an attorney in the case and properly verified, or made by a sherifi or…
2Cases cited3 opinions
- The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Bruce v. ConyersSupreme Court of Georgia · 1875
3Cited by12 opinions
- Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
- Georgia, Florida & Alabama Railway Co. v. LasseterSupreme Court of Georgia · 1905
- Alvaton Mercantile Co. v. CaldwellSupreme Court of Georgia · 1923
- DeLeon v. Heller, Hirsch & Co.Supreme Court of Georgia · 1886
- Lindstrom v. Mutual Steamship Co.Supreme Court of Minnesota · 1916
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