Supreme Court of Georgia, 1916

Burney v. Southern Express Co.

Burney v. Southern Express Co.
Supreme Court of Georgia · Decided January 13, 1916 · Hill
144 Ga. 545; 87 S.E. 652; 1916 Ga. LEXIS 764

Burney v. Southern Express Co.

Opinion of the Court

Hill, J.

The Civil Code, § 6160, requires that a bill of exceptions be served upon the opposite party within ten days after it is signed and certified. Accordingly, where a bill of exceptions was certified by the judge on October 29, 1914, and was served on the defendant in error on November 13, 1914, and filed in the clerk’s office on the same date, the bill of exceptions was not served within the time required by law, and, on motion, must be dismissed, counsel for defendant in error in acknowledging service of the bill of exceptions not having waived the right to object to the sufficiency of service, but expressly stating in such acknowledgment that the validity of the service was denied. Reynolds Banking Co. v. Beeland, 142 Ga. 242 (82 S. E. 662).

Writ of error dismissed.

All the Justices concur, except Fish, G. J., absent.

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