Barden v. Wender Realty Co.

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

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.