Stovall v. Ledbetter

Court of Appeals of Georgia

Stovall v. Ledbetter

108 S.E.2d 719, 99 Ga. App. 400, 1959 Ga. App. LEXIS 860

CourtCourt of Appeals of Georgia

DecidedApril 7, 1959

Docket37543

StatusPublished

Cited by1 cases

This text of 108 S.E.2d 719 (Stovall v. Ledbetter) 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.

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Stovall v. Ledbetter, 108 S.E.2d 719, 99 Ga. App. 400, 1959 Ga. App. LEXIS 860 (Ga. Ct. App. 1959).

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Opinion

Gardner, Presiding Judge.

Under Code (Ann.) § 6-911 and the rulings in South Side Atlanta Bank v. Anderson, 200 Ga. 322 (37 S. E. 2d 404), and Atlanta Newspapers v. Watts, 92 Ga. App. 843 (90 S. E. 2d 52), personal service of a bill of exceptions is not shown by a certificate of the attorney for the plaintiff in error who states therein that he has served such bill of exceptions by (1) mailing a copy to the defendant in error, a resident of the county wherein the suit is pending; (2) mailing a copy to the attorney for said defendant in error at his office in that county, and (3) delivering a copy to the secretary of said attorney. It follows that there has been no service of the bill of exceptions in this case, for which reason the writ of error must be dismissed.

Writ of error dismissed.

Townsend and Carlisle, JJ., concur.

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Gardner, Presiding Judge.

Under Code (Ann.) § 6-911 and the rulings in South Side Atlanta Bank v. Anderson, 200 Ga. 322 (37 S. E. 2d 404), and Atlanta Newspapers v. Watts, 92 Ga. App. 843 (90 S. E. 2d 52), personal service of a bill of exceptions is not shown by a certificate of the attorney for the plaintiff in error who states therein that he has served such bill of exceptions by (1) mailing a copy to the defendant in error, a resident of the county wherein the suit is pending; (2) mailing a copy to the attorney for said defendant in error at his office in that county, and (3) delivering a copy to the secretary of said attorney. It follows that there has been no service of the bill of exceptions in this case, for which reason the writ of error must be dismissed.

Writ of error dismissed.

Townsend and Carlisle, JJ., concur.

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108 S.E.2d 719, 99 Ga. App. 400, 1959 Ga. App. LEXIS 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stovall-v-ledbetter-gactapp-1959.

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