Martin v. Mundy

Court of Appeals of Georgia

Martin v. Mundy

87 S.E. 1092, 17 Ga. App. 699, 1916 Ga. App. LEXIS 864

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1916

Docket6346

StatusPublished

This text of 87 S.E. 1092 (Martin v. Mundy) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Mundy, 87 S.E. 1092, 17 Ga. App. 699, 1916 Ga. App. LEXIS 864 (Ga. Ct. App. 1916).

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Opinion

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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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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Bluebook (online)

87 S.E. 1092, 17 Ga. App. 699, 1916 Ga. App. LEXIS 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-mundy-gactapp-1916.

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