Barden v. Wender Realty Co.

Supreme Court of Georgia

Barden v. Wender Realty Co.

78 S.E.2d 785, 210 Ga. 243, 1953 Ga. LEXIS 541

CourtSupreme Court of Georgia

DecidedNovember 12, 1953

Docket18399

StatusPublished

Cited by3 cases

This text of 78 S.E.2d 785 (Barden v. Wender Realty Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barden v. Wender Realty Co., 78 S.E.2d 785, 210 Ga. 243, 1953 Ga. LEXIS 541 (Ga. 1953).

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Opinion

Almand, Justice.

It not appearing that there was any service, acknowledgment of service, or waiver of service of the bill of exceptions after its certification by the trial judge, as required by Code § 6-911, but only that service was acknowledged of a copy of the bill of exceptions and of a notice that it would be presented to the judge on a named future date, in conformity with the act of 1946 (Ga. L. 1946, pp. 726-735; Code, Ann. Supp., § 6-908.1), requiring notice of intention to present to the judge for approval a bill of exceptions, this court is without jurisdiction of the writ of error, and it must be dismissed. Mauldin v. Mauldin, 203 Ga. 123 (45 S. E. 2d 818); Henry v. Gillis, 204 Ga. 397 (50 S. E. 2d 73).

Writ of enor dismissed.

All the Justices concur, except Duckworth, C. J., not participating.

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Almand, Justice.

It not appearing that there was any service, acknowledgment of service, or waiver of service of the bill of exceptions after its certification by the trial judge, as required by Code § 6-911, but only that service was acknowledged of a copy of the bill of exceptions and of a notice that it would be presented to the judge on a named future date, in conformity with the act of 1946 (Ga. L. 1946, pp. 726-735; Code, Ann. Supp., § 6-908.1), requiring notice of intention to present to the judge for approval a bill of exceptions, this court is without jurisdiction of the writ of error, and it must be dismissed. Mauldin v. Mauldin, 203 Ga. 123 (45 S. E. 2d 818); Henry v. Gillis, 204 Ga. 397 (50 S. E. 2d 73).

Writ of enor dismissed.

All the Justices concur, except Duckworth, C. J., not participating.

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Bluebook (online)

78 S.E.2d 785, 210 Ga. 243, 1953 Ga. LEXIS 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barden-v-wender-realty-co-ga-1953.

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