Parker v. Medlock

Supreme Court of Georgia

Parker v. Medlock

45 S.E. 61, 117 Ga. 813, 1903 Ga. LEXIS 345

CourtSupreme Court of Georgia

DecidedJune 27, 1903

StatusPublished

Cited by5 cases

This text of 45 S.E. 61 (Parker v. Medlock) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parker v. Medlock, 45 S.E. 61, 117 Ga. 813, 1903 Ga. LEXIS 345 (Ga. 1903).

Pincite

Opinion

ITish, J.

1. A party dissatisfied with a verdict can, without filing a motion for a new trial, properly bring to this court for review by a direct bill of exceptions any ‘ ‘ ruling, order, decision, or charge ’ ’ of the court below, which necessarily controlled the finding- against the plaintiff in error. Van Epps’ Code Supp. § 6241; Taylor v. Reese, 108 Ga. 379.

2. Though an affidavit of illegality upon the ground that the defendant had not been served and a traverse filed to the entry of service by the sheriff were tried together, it was erroneous to allow the defendant to testify, over proper objection, that the entry of service was untrue, when the sheriff had not been made a party to the traverse. The mere filing of the traverse and service of a copy of the same upon the sheriff by a private individual did not make the sheriff - a party thereto; nor did the taking of his interrogatories by the plaintiff in ii. fa. and the introduction of them in evidence on the trial constitute him a party. Judgment reversed.

All the Justices concur.

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ITish, J.

1. A party dissatisfied with a verdict can, without filing a motion for a new trial, properly bring to this court for review by a direct bill of exceptions any ‘ ‘ ruling, order, decision, or charge ’ ’ of the court below, which necessarily controlled the finding- against the plaintiff in error. Van Epps’ Code Supp. § 6241; Taylor v. Reese, 108 Ga. 379.

2. Though an affidavit of illegality upon the ground that the defendant had not been served and a traverse filed to the entry of service by the sheriff were tried together, it was erroneous to allow the defendant to testify, over proper objection, that the entry of service was untrue, when the sheriff had not been made a party to the traverse. The mere filing of the traverse and service of a copy of the same upon the sheriff by a private individual did not make the sheriff - a party thereto; nor did the taking of his interrogatories by the plaintiff in ii. fa. and the introduction of them in evidence on the trial constitute him a party. Judgment reversed.

All the Justices concur.

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Bluebook (online)

45 S.E. 61, 117 Ga. 813, 1903 Ga. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-medlock-ga-1903.

Opinion

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