Southern Railway Co. v. Brannon

Supreme Court of Georgia

Southern Railway Co. v. Brannon

27 S.E. 663, 102 Ga. 578, 1897 Ga. LEXIS 613

Supreme Court of Georgia·Decided July 10, 1897·Published·Cited by 3 cases

Opinion

Simmons, O. J.

There is no provision of law authorizing the service of a bill of exceptions before it is certified by the trial judge; and therefore it has been held that an acknowledgment of due and legal service of a paper purporting to be a bill of exceptions, followed by a waiver of all other and further service thereof, entered thereon before the same is certified by the trial judge, does not amount to a service of the same paper after it has been so certified. Tison v. Forrester, 50 Ga. 87; Shealy v. McClung & Dykes, Ibid. 485; Bush v. Keaton, 65 Ga. 296.

Writ of error dismissed.

All the Justices concurring.

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Simmons, O. J.

There is no provision of law authorizing the service of a bill of exceptions before it is certified by the trial judge; and therefore it has been held that an acknowledgment of due and legal service of a paper purporting to be a bill of exceptions, followed by a waiver of all other and further service thereof, entered thereon before the same is certified by the trial judge, does not amount to a service of the same paper after it has been so certified. Tison v. Forrester, 50 Ga. 87; Shealy v. McClung & Dykes, Ibid. 485; Bush v. Keaton, 65 Ga. 296.

Writ of error dismissed.

All the Justices concurring.

Southern Railway Co. v. Brannon, 27 S.E. 663, 102 Ga. 578, 1897 Ga. LEXIS 613 (Ga. 1897).

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