Anderson v. Albany & Northern Railway Co.
Supreme Court of Georgia
Motion to dismiss the writ of error. Anderson sued the Albany and Northern Railway Company, and the court granted a nonsuit. The plaintiff excepted. A motion to «dismiss the writ of error was made on the ground that the bill of exceptions had not been served in the manner prescribed by law.
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Motion to dismiss the writ of error. Anderson sued the Albany and Northern Railway Company, and the court granted a nonsuit. The plaintiff excepted. A motion to «dismiss the writ of error was made on the ground that the bill of exceptions had not been served in the manner prescribed by law. The only evidence of service was an entry upon the bill of exceptions, of which the following is a copy: “ I have this day served the Albany and Northern Railway Company with a true copy of the within bill of exceptions, by leaving such copy at the most notorious place of abode of J. S. Crews, who is the…
1Opinion of the CourtCobb, J.
The code provides that within ten days after a bill of exceptions is signed and certified the party plaintiff therein shall serve a copy thereof upon the opposite party or his attorney. Where the opposite party is the State, or does not reside in the county where the bill of exceptions is sued out, and the same *319can not be served personally upon the attorney, by reason- of his absence from the county of his residence, service may be perfected by leaving a copy of the bill of exceptions at the residence of such defendant. Civil Code, § 5547. The express provision authorizing service by leaving…
2Cases cited2 opinions
- Stuart Lumber Co. v. PerrySupreme Court of Georgia · 1903
- Wostenholmes v. StateSupreme Court of Georgia · 1883
3Cited by13 opinions
- Mason v. Service Loan & Finance Co.Court of Appeals of Georgia · 1973
- South Side Atlanta Bank v. AndersonSupreme Court of Georgia · 1946
- Robinson v. Bryson & SonsCourt of Appeals of Georgia · 1932
- Clements v. Sims T v. Inc.Court of Appeals of Georgia · 1962
- Georgia Power & Light Co. v. WilsonCourt of Appeals of Georgia · 1934
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