Toole v. Geer
Court of Appeals of Georgia
Certiorari; from Miller superior court—Judge Worrill. April 22, 1912. „ The bill of exceptions described the plaintiffs in error as “Joe Toole et al.” The judgment complained of was the dismissal of a certiorari sued out in the name of “Colquitt German Coach Horse Co., a firm composed of Joe Toole and fourteen others,” in “a cause wherein W. I. Geer was the plaintiff and petitioners were defendant.”
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Certiorari; from Miller superior court—Judge Worrill. April 22, 1912. „ The bill of exceptions described the plaintiffs in error as “Joe Toole et al.” The judgment complained of was the dismissal of a certiorari sued out in the name of “Colquitt German Coach Horse Co., a firm composed of Joe Toole and fourteen others,” in “a cause wherein W. I. Geer was the plaintiff and petitioners were defendant.” The following acknowledgment of service, signed by W. I. Geer, appears on the bill of exceptions: “I hereby acknowledge service of the above and foregoing bill -of exceptions, together with all…
1Opinion of the CourtRussell, J.
1. The object of service of a bill of exceptions is to put the
defendant in error on notice. An entry of service by the sheriff can not give validity to a void bill o'f exceptions. An acknowledgment of service merely takes the place of service and entry of service by the sheriff, and is evidence that the physical paper was served. The act *410of 1911 (Acts of 1911, p. 149) allows counsel to reserve as against a real defect, but if there is no real defect he has reserved nothing. A bill of exceptions may always be amended so as to insert proper parties, and the attempt to reserve the right to…
2Cases cited1 opinion
- Georgia Southern & Florida Railway Co. v. StateSupreme Court of Georgia · 1903
3Cited by7 opinions
- Martin v. McAfee & Co.Court of Appeals of Georgia · 1924
- Lewenstein v. CurryCourt of Appeals of Georgia · 1947
- Parrish v. AdamsCourt of Appeals of Georgia · 1918
- Louisville & Nashville Railroad v. LoveladyCourt of Appeals of Georgia · 1914
- Segars v. City of CorneliaCourt of Appeals of Georgia · 1937
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