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119 Ga. 901

Greene v. Barron

Supreme Court of Georgia

Decided March 31, 1904

Supreme Court of Georgia · decided 1904-03-31

<p>Motion to dismiss the writ of error.</p>

Relies on Western Union Telegraph Co. v. Griffith · Orr v. Webb · Farr v. Farr

Decided 1904-03-31

Pish, P. J.

¶11. When in an action on a bond against the principal and his sureties the petition was dismissed on joint demurrer of all the defendants, the sureties were necessary parties defendant to a bill of exceptions sued out by the plaintiff, alleging error upon the judgment sustaining such demurrer and dismissing the petition. Western Un. Tel. Co. v. Griffith, 111 Ga. 551, 556-557, and cit.

¶22. Where persons who are essential parties defendant to a bill of exceptions are neither named nor designated therein as such, and the only attempt to do so is by using with reference to them the abbreviation “ et al.,” following the name of one who is a proper defendant in error, a motion to dismiss the writ of error for want of necessary parties thereto will be sustained. Farr v. Farr, 113 Ga. 577.

¶33. An acknowledgment of service upon a bill of exceptions does not relate to or bind any person not actually named or sufficiently designated therein as a defendant in error when the acknowledgment is entered. Orr v. Webb, 112 Ga. 806 (3); Sears v. Jeffords, ante, 821.

¶4 Writ of error dismissed.

All the Justices concur.
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