(Download) "State Ex Rel. Dawson v. Denmark Et Al." by Supreme Court of Georgia " eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Dawson v. Denmark Et Al.
- Author : Supreme Court of Georgia
- Release Date : January 13, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
A motion has been made to dismiss the writ of error for want of service. On this question the record shows only this: On June 19, 1948, a proposed bill of exceptions was tendered to the trial Judge for approval, in which Roscoe Denmark, George Young, Luppert Dasher, Joe Smith, Colon Manning, and Harry Johnson were named defendants in error. On the same day the Judge ordered the Sheriff of Liberty County to serve a copy of the proposed bill of exceptions, together with his order, upon each of the defendants in error, and directed them to show cause, if any they had, within 10 days from the date of service, why he should not sign and certify the bill of exceptions as tendered. On June 26, 1948, T. E. Dawson and B. D. Dubberly, attorneys of record for Roscoe Denmark, Colon Manning, and George Young, acknowledged service for Denmark and Manning, but not for Young. On June 28, 1948, a deputy sheriff of Liberty County served a copy of the proposed bill of exceptions and the Judge's order of June 19, 1948, on Luppert Dasher and Harry Johnson, and on June 29, 1948, like service was perfected on Joe Smith. On July 14, 1948, the bill of exceptions, as tendered, was signed and certified. There was no further service made on any of the defendants in error after the bill of exceptions was signed and certified, nor waiver thereof. Held : 1. Under the ruling in Meadows v. Simmons, 155 Ga. 834 (118 S.E. 425), the acknowledgment of service by Attorneys Dawson and Dubberly was not binding upon their client, George Young, for whom they did not undertake to waive service of the bill of exceptions.