Roy Livingston Inc. v. Sower

Court of Appeals of Georgia

Roy Livingston Inc. v. Sower

74 S.E.2d 485, 87 Ga. App. 538, 1953 Ga. App. LEXIS 791

CourtCourt of Appeals of Georgia

DecidedFebruary 7, 1953

Docket34498

StatusPublished

Cited by1 cases

This text of 74 S.E.2d 485 (Roy Livingston Inc. v. Sower) 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

Roy Livingston Inc. v. Sower, 74 S.E.2d 485, 87 Ga. App. 538, 1953 Ga. App. LEXIS 791 (Ga. Ct. App. 1953).

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Opinion

Carlisle, J.

The following waiver, required by Code (Ann. Supp.) § 6-908.1 to be attached to bills of exceptions sued out to this court and to the Supreme Court, “The above and foregoing bill of exceptions-is approved as correct and complete as to the averments of fact therein. Notice of opportunity to be heard on the question of whether or nob the bill of exceptions is correct and complete before the judge certifies-the bill of exceptions is expressly waived,” signed by counsel for the defendant in error, does not dispense with the necessity of serving the-bill of exceptions after approval by the trial judge. West Lumber Co. v. Harris, 204 Ga. 343, 344 (1) (50 S. E. 2d, 15).

2. No service of the bill of exceptions is shown to have been made in the. present case, and no waiver thereof appears in the record; and, consequentty, this court is without jurisdiction of the writ of error and the same must be dismissed. West Lumber Co. v. Harris, supra, and citations.

Writ of eiror dismissed.

Gardner, P. J., and Townsend, J., concur.

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Carlisle, J.

The following waiver, required by Code (Ann. Supp.) § 6-908.1 to be attached to bills of exceptions sued out to this court and to the Supreme Court, “The above and foregoing bill of exceptions-is approved as correct and complete as to the averments of fact therein. Notice of opportunity to be heard on the question of whether or nob the bill of exceptions is correct and complete before the judge certifies-the bill of exceptions is expressly waived,” signed by counsel for the defendant in error, does not dispense with the necessity of serving the-bill of exceptions after approval by the trial judge. West Lumber Co. v. Harris, 204 Ga. 343, 344 (1) (50 S. E. 2d, 15).

2. No service of the bill of exceptions is shown to have been made in the. present case, and no waiver thereof appears in the record; and, consequentty, this court is without jurisdiction of the writ of error and the same must be dismissed. West Lumber Co. v. Harris, supra, and citations.

Writ of eiror dismissed.

Gardner, P. J., and Townsend, J., concur.

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Bluebook (online)

74 S.E.2d 485, 87 Ga. App. 538, 1953 Ga. App. LEXIS 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-livingston-inc-v-sower-gactapp-1953.

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