Martin v. Mundy

Court of Appeals of Georgia

Martin v. Mundy

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

Court of Appeals of Georgia·Decided January 27, 1916·No. 6346·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

87 S.E. 1092 (Martin v. Mundy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related