Carter v. American Ginger Ale & Carbonating Co.
Supreme Court of Georgia
Motion to dismiss the writ of error.. The plaintiffs in error instituted an action against certain parties defendant. The defendants filed a general demurrer, which was sustained by the court. The plaintiffs' excepted. There are eight parties named in the bill of exceptions as parties defendant.
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Motion to dismiss the writ of error.. The plaintiffs in error instituted an action against certain parties defendant. The defendants filed a general demurrer, which was sustained by the court. The plaintiffs' excepted. There are eight parties named in the bill of exceptions as parties defendant. The acknowledgment of service on the bill of exceptions is as follows: “H. C. Peeples, Peeples & Jordan, attorneys for B. M. Blount; Payne & Tye & Winfield Jones, attorneys for American Ginger Ale & Carbonating Co. et al.”
1Opinion of the CourtAtkinson, J.
I. “When several persons are named in a bill of exceptions as defendants in error, an acknowledgment of service thereon, signed by an attorney ‘for’ one of these persons by name ‘et al.,’ affords no evidence of service of the bill upon the others or any one or more of them.” Mutual Building Co. v. Dickinson, 112 Ga. 469.
Writ of error dismissed.
All the Justices concur, except Fish, C. J„ absent.
2Cases cited1 opinion
- Mutual Building Loan &c. Co. v. DickinsonSupreme Court of Georgia · 1900
3Cited by1 opinion
- Crosby v. ThomasSupreme Court of Georgia · 1928