Bostic v. Nesbitt

Hawkins, Justice.

1. The plaintiffs in error, prior to the call of the case, having- amended the bill of exceptions, by designating as “defendants in error” the person named as defendant, in her individual capacity and as executrix of the estate of a named person, in the plaintiffs’ petition, and service of the bill of exceptions having been acknowledged by counsel of record for that person as counsel for the “defendants in error,” the motion to dismiss the bill of exceptions, because no defendant in error is designated therein, is without merit. Smith v. Glenn, 211 Ga. 868 (89 S. E. 2d 515).

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