Georgia Court of Appeals, 1916

Martin v. Mundy

Martin v. Mundy
Georgia Court of Appeals · Decided January 27, 1916 · Broyles
17 Ga. App. 699; 87 S.E. 1092; 1916 Ga. App. LEXIS 864

Martin v. Mundy

Opinion of the Court

Broyles, J.

The hill of exceptions, duly certified by the trial judge, reciting that in this case, which was an appeal from a justice’s court, there was no summons issued in that court and that there was no service on the defendant Martin, the verdict in the superior court, finding against the defendant Martin as principal and the defendant H. B. Brooks as security, was not authorized by law, and the court erred in entering up judgment against the defendants. Civil Code, §§ 4715, 4716, 4717, 5964, 5968; Jeffers v. Ware, 72 Ga. 135, 136; Parker v. Jennings, 26 Ga. 140; Gunnels v. Deavours, 54 Ga. 496. Judgment reversed.

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