Myers v. Hamil

61 S.E. 403, 130 Ga. 607, 1908 Ga. LEXIS 366
CourtSupreme Court of Georgia
DecidedMay 13, 1908
StatusPublished
Cited by2 cases

This text of 61 S.E. 403 (Myers v. Hamil) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Myers v. Hamil, 61 S.E. 403, 130 Ga. 607, 1908 Ga. LEXIS 366 (Ga. 1908).

Opinion

Atkinson, J.

The record discloses that the bill of exceptions was certified by the judge on August 5, 1907, and that on August 27, 1907, counsel for the defendant in error acknowledged service in the following language: “Service acknowledged. Copy and all further service and notice waived, subject to the right to except to such service on account of not being made within the time provided by law, as well as all other legal exceptions.” There was no other service of the bill of exceptions. On the call of the ease in this court a motion was made to dismiss the same, upon the ground that the bill of exceptions was not served upon the defendant in error or his counsel within ten days after the bill of exceptions was signed and certified. Held, that the motion must prevail. Civil Code, §5547; Harper v. Burks, 74 Ga. 412 ; Dunlap v. Seals, ante, 350 (60 S. E. 851).

Writ of error dismissed.

All the Justices concur.

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

Related

Koivu v. Balkcom
121 S.E.2d 22 (Supreme Court of Georgia, 1961)
Barber v. Hunter, Ben & Co.
68 S.E. 620 (Court of Appeals of Georgia, 1910)

Cite This Page — Counsel Stack

Bluebook (online)
61 S.E. 403, 130 Ga. 607, 1908 Ga. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-hamil-ga-1908.