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BRAZIEL v. HUNTER

38720.

103 Ga. App. 854 (1961)

121 S.E.2d 39

BRAZIEL v. HUNTER, By Next Friend.

Court of Appeals of Georgia.

Rehearing Denied June 15, 1961.

Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, James B. Hiers, Jr., W. P. Wilbanks, Jr., for plaintiff in error.

Merritt & Pruitt, J. Ray Merritt, contra.

NICHOLS, Judge.

1. "In all applications for a new trial the opposite party shall be served with a copy of the rule nisi, unless such copy is waived." Code § 70-306; McMullen v. Citizens Bank, 123 Ga. 400 (1) (51 S. E. 342); Smedley v. Williams, 112 Ga. 114 (37 S. E. 111).

2. Personal service is required where service of the rule nisi, in connection with the motion for new trial, is not waived. Jones v. Fox, 49 Ga.App. 573 ...

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