Fireman's Fund Indemnity Co. v. Goss

Court of Appeals of Georgia

Fireman's Fund Indemnity Co. v. Goss

24 S.E.2d 736, 69 Ga. App. 25, 1943 Ga. App. LEXIS 6

CourtCourt of Appeals of Georgia

DecidedMarch 6, 1943

Docket30011.

StatusPublished

Cited by4 cases

This text of 24 S.E.2d 736 (Fireman's Fund Indemnity Co. v. Goss) 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.

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Fireman's Fund Indemnity Co. v. Goss, 24 S.E.2d 736, 69 Ga. App. 25, 1943 Ga. App. LEXIS 6 (Ga. Ct. App. 1943).

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Opinion

Sutton, J.

The only reference in the record as to service of a copy of the bill of exceptions upon the defendant in error, who was not represented in the trial court by counsel, is a return of the sheriff of the court that rendered a judgment which is sought by the plaintiff's in error to have reviewed here, and which reads as follows: “I have made diligent search, and failed to locate General W. Goss [defendant in error] in order to serve him with copy of the within bill of exceptions, and have been reliably informed that he is now a resident of Monroe, Walton County, Georgia” (a county other than that in which the case was tried). It not appearing from the record that there was any service of a copy of the bill of .exceptions, either personal or by acknowledgment, upon the defendant in error, this court is without jurisdiction to entertain the writ of error.

Writ of error dismissed.

Stephens, P. J., and Felton, J., concur. *26 T. Elton Drake, William E. Ball, for plaintiffs in error.

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Sutton, J.

The only reference in the record as to service of a copy of the bill of exceptions upon the defendant in error, who was not represented in the trial court by counsel, is a return of the sheriff of the court that rendered a judgment which is sought by the plaintiff's in error to have reviewed here, and which reads as follows: “I have made diligent search, and failed to locate General W. Goss [defendant in error] in order to serve him with copy of the within bill of exceptions, and have been reliably informed that he is now a resident of Monroe, Walton County, Georgia” (a county other than that in which the case was tried). It not appearing from the record that there was any service of a copy of the bill of .exceptions, either personal or by acknowledgment, upon the defendant in error, this court is without jurisdiction to entertain the writ of error.

Writ of error dismissed.

Stephens, P. J., and Felton, J., concur. *26 T. Elton Drake, William E. Ball, for plaintiffs in error.

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24 S.E.2d 736, 69 Ga. App. 25, 1943 Ga. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firemans-fund-indemnity-co-v-goss-gactapp-1943.

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