Court of Appeals of Georgia January 14, 1938, 26529 (Hicks v. Bank of Wrightsville)

Sutton, J.

The Bank of Wrightsville filed suit to the May term, 1926, of the city court of Wrightsville against W. H. Smith and E. P. Hicks on a joint and several note. Smith was never served with a copy of the suit. A judgment by default was rendered against E. P. Hicks, on May 15, 1926, and on May 26, 1926, execution was issued in favor of the bank against W. H. Smith and E. P. Hicks.