1. A non-resident of the State having been made a party defendant to the bill of exceptions in this case, and served as provided in the Civil Code (1910), § 6161, the motion to dismiss the writ of error is overruled.

2. This case is otherwise controlled by the answer of the Supreme Court to a certified question. Pinion v. Henry, 150 Ga. 595 (104 S. E. 427).

Judgment reversed.