Peterson v. Peterson

Supreme Court of Georgia

Peterson v. Peterson

74 S.E.2d 549, 209 Ga. 529, 1953 Ga. LEXIS 321

CourtSupreme Court of Georgia

DecidedFebruary 9, 1953

Docket18064

StatusPublished

Cited by3 cases

This text of 74 S.E.2d 549 (Peterson v. Peterson) 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

Peterson v. Peterson, 74 S.E.2d 549, 209 Ga. 529, 1953 Ga. LEXIS 321 (Ga. 1953).

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Opinion

Head, Justice.

The present bill of exceptions contains the following acknowledgment of service: “The notice provided for in the acts of the General Assembly of Georgia, Georgia Laws of 1946, pages 725, 735 . . [Code, Ann. Supp., §§ 6-908.1, 6-909], is hereby waived and all other and further notice thereof is hereby waived, and the bill of exceptions in said case is hereby approved as correct and complete as to the averments of facts therein.” Held:

*530 No. 18064. Submitted January 13, 1953 Decided February 9, 1953. G. H. Mingledorff, for plaintiff in error. Marshall Ewing, Gibson & Maddox and Arthur C. Farrar, contra.

There being no acknowledgment of service, as required by Code § 6-911, or waiver, of the bill of exceptions after certification by the trial judge, this court has no jurisdiction, and the writ of error must be dismissed. McGreggor v. W. L. Florence Construction Co., 208 Ga. 176 (65 S. E. 2d, 809); Parker v. Parker, 208 Ga. 190 (65 S. E. 2d, 794); Newton v. Bailey, 208 Ga. 415 (67 S. E. 2d, 239); Branham v. Branham, 209 Ga. 373 (72 S. E. 2d, 713); Boyd v. Boyd, 209 Ga. 455 (74 S. E. 2d, 6).

Writ of error dismissed.

All the Justices concur, except Atkinson, P. J., and Wyatt, J., not participating.

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Head, Justice.

The present bill of exceptions contains the following acknowledgment of service: “The notice provided for in the acts of the General Assembly of Georgia, Georgia Laws of 1946, pages 725, 735 . . [Code, Ann. Supp., §§ 6-908.1, 6-909], is hereby waived and all other and further notice thereof is hereby waived, and the bill of exceptions in said case is hereby approved as correct and complete as to the averments of facts therein.” Held:

*530 No. 18064. Submitted January 13, 1953 Decided February 9, 1953. G. H. Mingledorff, for plaintiff in error. Marshall Ewing, Gibson & Maddox and Arthur C. Farrar, contra.

There being no acknowledgment of service, as required by Code § 6-911, or waiver, of the bill of exceptions after certification by the trial judge, this court has no jurisdiction, and the writ of error must be dismissed. McGreggor v. W. L. Florence Construction Co., 208 Ga. 176 (65 S. E. 2d, 809); Parker v. Parker, 208 Ga. 190 (65 S. E. 2d, 794); Newton v. Bailey, 208 Ga. 415 (67 S. E. 2d, 239); Branham v. Branham, 209 Ga. 373 (72 S. E. 2d, 713); Boyd v. Boyd, 209 Ga. 455 (74 S. E. 2d, 6).

Writ of error dismissed.

All the Justices concur, except Atkinson, P. J., and Wyatt, J., not participating.

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Bluebook (online)

74 S.E.2d 549, 209 Ga. 529, 1953 Ga. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-peterson-ga-1953.

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