City of Dalton v. Cochran

(After stating the foregoing facts.) Counsel for the defendant in error filed his motion to dismiss the bill of exceptions upon the ground that Gordon Cochran, the next friend of the minor plaintiff and so named therein, is a necessary party to the bill of exceptions, and that no copy thereof was served upon him, nor was service thereof waived or acknowledged by him or anyone in his behalf. Counsel relies particularly upon Wiley v. Jones, 129 Ga. 635 (59 S. E. 709), in which case the acknowledgment of service for the named defendant heirs did not include the guardian ad litem. It was held…