Cameron v. Sheppard
| Decision Date | 30 September 1883 |
| Citation | 71 Ga. 781 |
| Parties | Cameron, administrator. vs. Sheppard et al. |
| Court | Georgia Supreme Court |
Practice in Supreme Court September Term, 1883.
Reported in the decision.
J. A. Ansley, for plaintiff in error.
C. F. Crisp; B. B. Hinton; Hawkins & Hawkins, for defendants.
A motion was made to dismiss this case for want of service on parties defendant, as appeared by the record. The only service was this:
In the bill of exceptions, the defendants in error are set out as A. W. Wheeler, C. C. Sheppard, H. Elam and others.
By the ruling of this court, the words "and others " will not suffice to set out the defendants in error; but they must be named therein. None but those named are defendants in error. 4 Ga., 403.
True, the bill of exceptions may be amended by the record, so as to set out in the bill the other defendants below, and they will then become defendants in error here, but not until then do they become defendants in error.
So when service was acknowledged, they were not defendants in error, and therefore service was not acknowledged for them. These principles will be found sustained by the following cases, and the writ of error must be dismissed; 2 Kelly, 79, 287, 408; 4 Ga., 403; 8 Peters, 526; 10 Wallace, 416, 582; 20 Ib., 152; 11 Wheaton, 414; 3 Dana, 454.
Writ of error dismissed.
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...been dismissed for want of necessary parties. Allen v. Cravens, 68 Ga. 554; Craig v. Webb, 70 Ga. 188; Knox v. McCalla, Id. 725; Cameron v. Sheppard, 71 Ga. 781; Baker v. Thompson, 78 Ga. 742, 4 S.E. Anderson v. Faw, 79 Ga. 558, 4 S.E. 920; Crosthwait v. James 95 Ga. 570, 20 S.E. 494; Davis......
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...Saddler v. Smith, 54 Fla. 671, 45 So. 718; Lyman v. Milton, 44 Cal. 630; Brabham v. Custer, 3 Neb. Unoff. Rep. 801, 92 N.W. 989; Cameron v. Sheppard, 71 Ga. 781; Swift v. Thomas, 101 Ga. 89, 28 S.E. Orr v. Webb, 112 Ga. 806, 38 S.E. 98. This rule finds direct support from our own decision i......
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...54 Fla. 671, 45 South. 718, 14 Ann. Cas. 570; Lyman v. Milton, 44 Cal. 630; Brabham v. Custro, 3 Neb. Unof. 801, 92 N. W. 989; Cameron v. Sheppard, 71 Ga. 781; Swift v. Thomas, 101 Ga. 89, 28 S. E. 618; Orr v. Webb, 112 Ga. 806, 38 S. E. This rule finds direct support from our own decision ......
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