Spratt Chair Co. v. Ætna Insurance

Supreme Court of Georgia

Spratt Chair Co. v. Ætna Insurance

115 S.E. 647, 154 Ga. 840, 1923 Ga. LEXIS 411

CourtSupreme Court of Georgia

DecidedJanuary 24, 1923

DocketNo. 3349

StatusPublished

Cited by2 cases

This text of 115 S.E. 647 (Spratt Chair Co. v. Ætna Insurance) 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

Spratt Chair Co. v. Ætna Insurance, 115 S.E. 647, 154 Ga. 840, 1923 Ga. LEXIS 411 (Ga. 1923).

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Opinion

Gilbert, J.

The bill of exceptions was certified on July 7, 1922. The only evidence of service thereof was as follows: “ Service of the within bill of exceptions acknowledged; copy and all other and further notice and service waived. This July 20, 1922. Right to object to service as too late hereby reserved.” This was signed by attorneys for defendant in error; it being the usual printed form found on the cover used for bills of exceptions, with stricken and added words. The Civil Code (1910), § 6164(a), provides that such acknowledgment shall be held to be a complete waiver of all defects in the service which the counsel signing is legally competent to waive, unless in the entry of acknowledgment counsel distinctly and specifically states that it is not to be construed as waiving some particular defect then pointed out by him. In this case counsel specifically reserved the “ right to object to service as too late,” and duly filed in this court a motion to dismiss the writ of error on the ground that the bill of exceptions was not served on the defendant in error within the time required by law, and that there had been no waiver of such service. Civil Code (1910), § 6160. The bill of exceptions not having been served as required by law, and there being no waiver, the writ of error, on motion, is

Dismissed.

Ail the Justices concur.

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Gilbert, J.

The bill of exceptions was certified on July 7, 1922. The only evidence of service thereof was as follows: “ Service of the within bill of exceptions acknowledged; copy and all other and further notice and service waived. This July 20, 1922. Right to object to service as too late hereby reserved.” This was signed by attorneys for defendant in error; it being the usual printed form found on the cover used for bills of exceptions, with stricken and added words. The Civil Code (1910), § 6164(a), provides that such acknowledgment shall be held to be a complete waiver of all defects in the service which the counsel signing is legally competent to waive, unless in the entry of acknowledgment counsel distinctly and specifically states that it is not to be construed as waiving some particular defect then pointed out by him. In this case counsel specifically reserved the “ right to object to service as too late,” and duly filed in this court a motion to dismiss the writ of error on the ground that the bill of exceptions was not served on the defendant in error within the time required by law, and that there had been no waiver of such service. Civil Code (1910), § 6160. The bill of exceptions not having been served as required by law, and there being no waiver, the writ of error, on motion, is

Dismissed.

Ail the Justices concur.

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Bluebook (online)

115 S.E. 647, 154 Ga. 840, 1923 Ga. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spratt-chair-co-v-tna-insurance-ga-1923.

Opinion

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