Harrison v. Segars

Court of Appeals of Georgia

Harrison v. Segars

53 S.E.2d 126, 79 Ga. App. 117, 1949 Ga. App. LEXIS 597

Court of Appeals of Georgia·Decided April 16, 1949·No. 32414.·Published·Cited by 1 cases

Opinion

MacIntyre, P. J.

1. Where no return or acknowledgment of service was entered upon or annexed to the bill of exceptions, this court has no jurisdiction of the writ of error. Mauldin v. Mauldin, 203 Ga. 123 (45 S. E. 2d, 818), and cit.

2. A written waiver of the opportunity to be heard before the judge upon the question of whether or not the bill of exceptions as tendered is correct- and complete, as provided for in Code § 6-908.1, does not alter the requirements of service or acknowledgment of service of a bill of exceptions under Code § 6-911. Salvation Army v. Eleventh Hour Service, 77 Ga. App. 196 (47 S. E. 2d, 893). The motion to dismiss is ' granted.

Writ of error dismissed.

Gardner and Toumsend, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MacIntyre, P. J.

1. Where no return or acknowledgment of service was entered upon or annexed to the bill of exceptions, this court has no jurisdiction of the writ of error. Mauldin v. Mauldin, 203 Ga. 123 (45 S. E. 2d, 818), and cit.

2. A written waiver of the opportunity to be heard before the judge upon the question of whether or not the bill of exceptions as tendered is correct- and complete, as provided for in Code § 6-908.1, does not alter the requirements of service or acknowledgment of service of a bill of exceptions under Code § 6-911. Salvation Army v. Eleventh Hour Service, 77 Ga. App. 196 (47 S. E. 2d, 893). The motion to dismiss is ' granted.

Writ of error dismissed.

Gardner and Toumsend, JJ., concur.

Harrison v. Segars, 53 S.E.2d 126, 79 Ga. App. 117, 1949 Ga. App. LEXIS 597 (Ga. Ct. App. 1949).

Pincite

53 S.E.2d 126 (Harrison v. Segars) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related