Supreme Court of Georgia, 1899

Papworth v. Ryman

Supreme Court of Georgia · Decided June 2, 1899 · Fish

108 Ga. 780; 33 S.E. 665; 1899 Ga. LEXIS 402

Cases that cite this one

4 later published cases cite this decision.

Irwin v. LeCraw (Ga. 1950)
Western Union Telegraph Co. v. Griffith (Ga. 1900)
Orr v. Webb (Ga. 1901)
McCain v. Sutlive (Ga. 1900)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Fish, J.

Frank Papworth sued E. W. Ryman and fifteen other defendants in a county court. All the defendants joined in a demurrer to his petition, which was sustained. Upon the overruling of his certiorari he excepted. His bill of exceptions designated the case as that of “Frank Papworth vs. E. W. Ryman et al.” Service of the bill was acknowl*781edged by “ J. H. Martin and L. Kennedy, attys. for defts.” Upon motion to dismiss : Held, that, while the bill of exceptions might be amended in this court from the record, so as to set forth all the other defendants in the case below, thus making them defendants in error here, they did not become defendants in error until after the making of such amendment, and therefore the prior acknowledgment of service “for defts.” did not cover them; and that the writ of error must be dismissed. Cameron v. Sheppard, 71 Ga. 781; Brantley v. Brookins, 74 Ga. 843; Inman v, Estes, 104 Ga. 645; and see White v. Bleckley, 105 Ga. 173.

Argued May 17, Decided June 2, 1899.

Motion to dismiss writ of error.

E. H. Williams and Cutis & Lawson, for plaintiff in error. J. H. Martin and L. Kennedy, contra.

Writ of error dismissed.

All thfe Justices concurring.

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