Cape v. American Security Insurance

Court of Appeals of Georgia

Cape v. American Security Insurance

98 S.E.2d 152, 95 Ga. App. 604, 1957 Ga. App. LEXIS 871

CourtCourt of Appeals of Georgia

DecidedApril 23, 1957

Docket36666

StatusPublished

Cited by1 cases

This text of 98 S.E.2d 152 (Cape v. American Security Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cape v. American Security Insurance, 98 S.E.2d 152, 95 Ga. App. 604, 1957 Ga. App. LEXIS 871 (Ga. Ct. App. 1957).

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Opinion

Nichols, J.

In the present case where there was no service of the bill of exceptions on the defendant in error or its counsel, and where there was no waiver this court is without jurisdiction of the writ of error. Folsom v. Rountree Grocery Co., 89 Ga. App. 662 (80 S. E. 2d 492), and citations. The fact that counsel for the defendant in error, prior to the time the bill of exceptions was tendered for certification, acknowledged that it had been, exhibited to him and he waived his presence at the presentation and signing of the certificate of the bill of exceptions did not waive the service required by Code (Ann. Supp.) § 6-911 within ten days after such bill of exceptions is signed. See Salvation Army v. Eleventh Hour Service, Inc., 77 Ga. App. 196 (47 S. E. 2d 893); Stepp v. North Georgia Feed & Fertilizer Co., 78 Ga. App. 240 (50 S. E. 2d 377); Strickland Motors, Inc. v. Hudson, 84 Ga. App. 727 (67 S. E. 2d 253). Accordingly the writ of error in the present case must be

Dismissed.

Felton, C. J., and Quillian, J., concur. Smith, Kilpatrick, Cody, Rogers & McClatchey, Sidney Has-kins, George B. Haley, Jr., contra.

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Nichols, J.

In the present case where there was no service of the bill of exceptions on the defendant in error or its counsel, and where there was no waiver this court is without jurisdiction of the writ of error. Folsom v. Rountree Grocery Co., 89 Ga. App. 662 (80 S. E. 2d 492), and citations. The fact that counsel for the defendant in error, prior to the time the bill of exceptions was tendered for certification, acknowledged that it had been, exhibited to him and he waived his presence at the presentation and signing of the certificate of the bill of exceptions did not waive the service required by Code (Ann. Supp.) § 6-911 within ten days after such bill of exceptions is signed. See Salvation Army v. Eleventh Hour Service, Inc., 77 Ga. App. 196 (47 S. E. 2d 893); Stepp v. North Georgia Feed & Fertilizer Co., 78 Ga. App. 240 (50 S. E. 2d 377); Strickland Motors, Inc. v. Hudson, 84 Ga. App. 727 (67 S. E. 2d 253). Accordingly the writ of error in the present case must be

Dismissed.

Felton, C. J., and Quillian, J., concur. Smith, Kilpatrick, Cody, Rogers & McClatchey, Sidney Has-kins, George B. Haley, Jr., contra.

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Bluebook (online)

98 S.E.2d 152, 95 Ga. App. 604, 1957 Ga. App. LEXIS 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cape-v-american-security-insurance-gactapp-1957.

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