Nichols v. Nichols
Nichols v. Nichols
Opinion of the Court
A motion has been, made to dismiss the writ of error . for want of service. The motion has merit. Unless there is an acknowledgment or waiver of service entered upon or annexed to the bill of exceptions, the plaintiff in error must within ten days after it is signed and certified by the trial judge serve a copy thereof on the opposite party or his counsel, and endorse upon or annex thereto a return of such service; and they alone are parties defendant in this court who are thus served. Code i 6-911; West Lumber Co. v. Harris, 204 Ga. 343 (50 S. E. 2d 15). In this case, as the record reveals, there is neither an acknowledgment nor a waiver of service entered upon or annexed to the bill of exceptions, nor service of the bill of exceptions as required by statute. As to this the record is entirely silent. Hence, this court has no jurisdiction of the cause, and the motion to dismiss the
Writ of enor dismissed.
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