South Side Atlanta Bank v. Anderson
| Decision Date | 20 February 1946 |
| Docket Number | 15385. |
| Citation | 37 S.E.2d 404,200 Ga. 322 |
| Parties | SOUTH SIDE ATLANTA BANK v. ANDERSON et al. |
| Court | Georgia Supreme Court |
Drennan & Brannon, of Atlanta, for plaintiff in error.
Thos J. Lewis, of Atlanta, for defendants in error.
Syllabus Opinion by the Court.
1. Code, § 6-911, subds. 1, 2.
2. Except in the two instances mentioned in the preceding headnote, the service of a copy of the bill of exceptions must be personal. Anderson v. Albany & Northern Railway Co., 123 Ga. 318, 51 S.E. 342; Lyons v. Winter, 129 Ga. 416(1), 59 S.E. 270; Morgan v. Greenberg, 48 Ga.App. 498(1), 173 S.E. 236.
3. 'Service of the bill of exceptions, or due and legal waiver or acknowledgment of service, is essential to give this court jurisdiction of the cause.' Izlar v Central of Georgia R. Co., 162 Ga. 558, 134 S.E. 315; Warnock v. Woodard, 183 Ga. 367, 188 S.E. 336.
4. In an action for divorce and permanent alimony a receiver was appointed by the court for funds in a bank due to the defendant and the bank restrained from paying out such funds until the further order of the court. Thereafter, upon petition by the receiver and a hearing, the court ordered the bank to transfer such funds to the credit of the receiver. In a bill of exceptions brought to this court the bank assigns error upon such order, naming as parties defendant the plaintiff wife, the receiver, and the husband, a nonresident not represented by counsel, a supersedeas being granted by the court until the case shall have been passed upon by this court. The only evidence as to service upon the resident defendants is an affidavit...
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...in Code Ann. § 6-911. Except in the two instances 1 mentioned in the Code section the service must be personal. South Side Atlanta Bank v. Anderson, 200 Ga. 322(2), 37 S.E.2d 404, and citations. Service by mail, therefore, has been held insufficient in an unbroken line of cases both in the ......
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