Kinney v. Bell

Court of Appeals of Georgia

Kinney v. Bell

121 S.E.2d 840, 104 Ga. App. 398, 1961 Ga. App. LEXIS 696

CourtCourt of Appeals of Georgia

DecidedSeptember 21, 1961

Docket39024

StatusPublished

Cited by1 cases

This text of 121 S.E.2d 840 (Kinney v. Bell) 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

Kinney v. Bell, 121 S.E.2d 840, 104 Ga. App. 398, 1961 Ga. App. LEXIS 696 (Ga. Ct. App. 1961).

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Opinion

Eberhardt, Judge.

Service or a waiver or acknowledgment of service pursuant to Code § 6-911, as amended (Ga. L. 1953, Nov.-Dec. Sess., p. 456) or Code § 6-912 of a bill of exceptions within ten days after the same has been certified by the trial judge is essential to give this court jurisdiction of the writ of error. Folsom v. Rountree Grocery Co., 89 Ga. App. 662 (80 SE2d 492) and cases cited therein. Where, as here, [399]*399it does not appear that the certified bill of exceptions has been served, or that there has been an acknowledgment or waiver of service, a motion to dismiss the writ of error will be sustained. Folsom v. Rountree Grocery Co., supra.

Decided September 21, 1961. Wilbur B. Nall, for plaintiff in error. Robert H. Herndon, James M. Watts, contra.

Writ of error dismissed.

Carlisle, P. J. and Nichols, J. concur.

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Eberhardt, Judge.

Service or a waiver or acknowledgment of service pursuant to Code § 6-911, as amended (Ga. L. 1953, Nov.-Dec. Sess., p. 456) or Code § 6-912 of a bill of exceptions within ten days after the same has been certified by the trial judge is essential to give this court jurisdiction of the writ of error. Folsom v. Rountree Grocery Co., 89 Ga. App. 662 (80 SE2d 492) and cases cited therein. Where, as here, [399]*399it does not appear that the certified bill of exceptions has been served, or that there has been an acknowledgment or waiver of service, a motion to dismiss the writ of error will be sustained. Folsom v. Rountree Grocery Co., supra.

Decided September 21, 1961. Wilbur B. Nall, for plaintiff in error. Robert H. Herndon, James M. Watts, contra.

Writ of error dismissed.

Carlisle, P. J. and Nichols, J. concur.

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Bluebook (online)

121 S.E.2d 840, 104 Ga. App. 398, 1961 Ga. App. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinney-v-bell-gactapp-1961.

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