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STATE HIGHWAY DEPT. v. STEWART

38920.

104 Ga. App. 178 (1961)

121 S.E.2d 278

STATE HIGHWAY DEPARTMENT v. STEWART et al.

Court of Appeals of Georgia.

Rehearing Denied July 14, 1961.

Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Carter Goode, Paul Miller, Assistant Attorneys-General, Robert D. Tisinger, William J. Wiggins, for plaintiff in error.

Shirley C. Boykin, contra.

TOWNSEND, Presiding Judge.

1. The defendant in error First National Bank of Atlanta has filed a motion to dismiss the writ of error on the ground that service of the bill of exceptions upon all necessary parties has not been obtained as required by law. It appears from the affidavit of a bailiff of a Carroll County militia district that Mrs. W. J. Stewart was served personally with the bill of exceptions and it further appears that the First National Bank acknowledged...

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