At the time the notice of appeal was received by the clerk of this court the rule of this court was mandatory that the clerk give appellant notice of the docketing of the case. Since such notice was mandatory the case was not docketed until the notice was mailed by the clerk. In this case the clerk gave no notice, by mailing it or otherwise, so at the time of appellant’s request for additional time the case had not been docketed because no notice was given. Under such circumstances the time for filing the brief and enumeration of errors had not expired and this court had jurisdiction of the *614case and jurisdiction and power to correct its unfortunate omission and provide time for the filing of the brief and enumeration of errors. In view of the rule existing at the time, upon which the bar had the right to rely, it would be a travesty on justice to say that this court was powerless to prevent harm from being done by an omission of the court itself. It is too late, after the event, to say that our original rule as to notice of docketing was a matter of courtesy, as provided in the amended rule. The motion to vacate the order of a majority of the nine judges of this court allowing time for the filing of the brief and enumeration of errors is denied. This conclusion is reinforced by the fact that the time for filing the enumeration of errors and briefs is in reality fixed by the rules of this court and not by law alone. For powers of this court generally see Code §§ 2-3708, 24-4016. Moreover, the Appellate Practice Act of 1965 was amended in 1966 (Ga. L. 1966, pp. 493, 500, Sec. 10) to provide that a failure to file an enumeration of errors is no longer a statutory ground for the dismissal of an appeal. An enumeration of errors has been filed and argued by brief. This particular amendment relates to procedure only and is therefore retrospective as it applies to the facts in this case. Scott v. Oxford, 105 Ga. App. 301, 303-305 (124 SE2d 420). The motion to reverse our previous action and to dismiss the appeal is denied.
The second question in this case is whether the court had jurisdiction of the Western Contracting Corporation. Since the amendment to the petition alleged that Western did not maintain a place of business in Georgia and did not have an ordinary agent for service therein, the court obtained jurisdiction of Western in the absence of facts showing the allegations above to be untrue. This question was definitely settled, as to superior courts, by the majority opinion in Rossville Crushed Stone, Inc. v. Massee, 219 Ga. 467 (133 SE2d 874). The provisions of the Act creating the Civil Court of Clayton County providing that suits against joint obligors, etc., must be brought in Clayton County where one or more of the defendants resided in Clayton County comes under the rule enunciated in the case above cited for the reason that said Act provides that the jurisdictional provision comes under the same rules and regulations covering said cases in the superior court. Ga. L. 1964, p. 2032. This *615means that a nonresident is treated as a resident of Clayton County where the nonresident defendant has no agent for service in Clayton County, the injury occurred in Clayton County, and service is had upon a designated agent in another county. Code Ann. § 22-1507. The court erred in sustaining Western’s demurrer on jurisdictional grounds.
The last question raised is whether the court had jurisdiction of the City of Atlanta. All civil cases at law must be filed in the county in which the defendant resides. Code §§ 2-4906, 3-201. We think that this question is answered by the rationale of the ruling in Benton Rapid Exp., Inc. v. Johnson, 202 Ga. 597 (43 SE2d 667). It was there held that an action could not be instituted against a resident of Georgia in a county other than that of the resident’s residence where the nonresident motorist was found and served. Such a fictitious residence of the nonresident motorist was held not sufficient to authorize the joining of a resident of Georgia outside the county of his residence. The jurisdiction of the nonresident, under Code Ann. § 22-1509 is not sufficient to authorize joining in an action against the nonresident, a resident of Georgia who or which does not reside in the county where the action is filed. The court did not err in sustaining the demurrer of the City of Atlanta on the jurisdictional ground.
Judgments affirmed in part; reversed in part.
Nichols, P. J., Bell, P. J., Jordan, Hall and Deen, JJ., concur. Eberhardt, J., concurs specially. Frankum and Pannell, JJ., dissent.