Martin v. McAfee & Co.
Court of Appeals of Georgia
Action for damages; from Cherokee superior court—Judge Blair. April 27, 1923. J. L. Martin brought an action for damages against J. M. McAfee & Company, a firm composed of “J. M. McAfee and other persons unknown to petitioner.”
Read the full summary
Action for damages; from Cherokee superior court—Judge Blair. April 27, 1923. J. L. Martin brought an action for damages against J. M. McAfee & Company, a firm composed of “J. M. McAfee and other persons unknown to petitioner.” The plaintiff alleged that as he was driving a team of mules hitched to a wagon on a certain public street in the town of Canton, Georgia, he was injured by reason of the negligence of the defendants' servant, in operating the defendants' delivery truck, in the scope of his employment, when he and the plaintiff met upon the highway. It is alleged that the plaintiff was…
1Opinion of the CourtBull, J.
(After stating the foregoing facts.) “Where a bill of exceptions which can be identified as excepting to a specific judg*694ment is served upon counsel of record in the case, such service shall be held to bind all parties whom said counsel represented in the trial court. Where counsel acknowledges service upon a bill of exceptions, such acknowledgment shall be held to be a complete waiver of all defects in the service which the counsel signing it is legally competent to waive, whether such signing is done before or after the signing of the writ of error, unless counsel in the entry of…
2Cases cited29 opinions
- Atlantic Coast Line Railroad v. DanielsCourt of Appeals of Georgia · 1911
- Edwards v. WallSupreme Court of Georgia · 1922
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Crossley v. LeslieSupreme Court of Georgia · 1908
- Hardwick v. FiggersCourt of Appeals of Georgia · 1921
24 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fuller v. Louis Steyerman & Sons Inc.Court of Appeals of Georgia · 1933
- Tybee Amusement Co. v. OdumCourt of Appeals of Georgia · 1935
- Western & Atlantic Railroad v. MathisCourt of Appeals of Georgia · 1940
- Harvey v. ZellCourt of Appeals of Georgia · 1952
- Bryant v. Georgia Railway & Power Co.Supreme Court of Georgia · 1926
16 more not listed; retrieve them via the Exa API.