Georgia Court of Appeals, 1961

Kinney v. Bell

Kinney v. Bell
Georgia Court of Appeals · Decided September 21, 1961 · Eberhardt
104 Ga. App. 398; 121 S.E.2d 840; 1961 Ga. App. LEXIS 696

Kinney v. Bell

Opinion of the Court

Eberhardt, Judge.

Service or a waiver or acknowledgment of service pursuant to Code § 6-911, as amended (Ga. L. 1953, Nov.-Dec. Sess., p. 456) or Code § 6-912 of a bill of exceptions within ten days after the same has been certified by the trial judge is essential to give this court jurisdiction of the writ of error. Folsom v. Rountree Grocery Co., 89 Ga. App. 662 (80 SE2d 492) and cases cited therein. Where, as here, *399it does not appear that the certified bill of exceptions has been served, or that there has been an acknowledgment or waiver of service, a motion to dismiss the writ of error will be sustained. Folsom v. Rountree Grocery Co., supra.

Decided September 21, 1961. Wilbur B. Nall, for plaintiff in error. Robert H. Herndon, James M. Watts, contra.

Writ of error dismissed.

Carlisle, P. J. and Nichols, J. concur.

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