Atlanta Newspapers, Inc. v. Watts

90 S.E.2d 52, 92 Ga. App. 843

Opinions

Townsend, J.

1. Proper service of a bill of exceptions is essential to give the appellate court jurisdiction of the writ of error. Irwin v. LeCraw, 206 Ga. 702 (58 S. E. 2d 383), and citations. It is the duty of this court to consider and determine its jurisdiction even though no motion to dismiss the bill of excepion has been made. Chitwood v. Chitwood, 210 Ga. 40 (77 S. E. 2d 524).

2. Where the only entry of service on a bill of exceptions is the certificate of counsel for the plaintiff in error to the effect that he mailed a copy of the same to the attorney for the defendant in error, and no other service, acknowledgment of service, or waiver of service appears, there has been no valid service, and the writ of error must be dismissed. Burgess v. Keene, 85 Ga. App. 548 (69 S. E. 2d 885), and citations. The act of 1953 (Ga. L. 1953, Nov.-Dee. Sess., pp. 440, 455), amending Code § 6-911 so as to permit service to be shown by “an unverified certification of one of counsel for plaintiff in error” does not authorize service of a bill of exceptions by mail. Feldman v. Benson, 90 Ga. App. 824 (84 S. E. 2d 710). This results also in the dismissal of the cross-bill of exceptions.

Main bill and cross-bill of exceptions dismissed.

Gardner, P. J., and Car-lisle, J., concur. Decided October 14, 1955 Rehearing denied October 27, 1955. Mundy & Gammon, for plaintiff in error. Forrest C. Oates, Jr., E. L. Gammage, Jr., contra.