Tribble v. Chadwick

Court of Appeals of Georgia

Tribble v. Chadwick

85 S.E.2d 495, 91 Ga. App. 304, 1954 Ga. App. LEXIS 916

CourtCourt of Appeals of Georgia

DecidedDecember 2, 1954

Docket35414

StatusPublished

Cited by2 cases

This text of 85 S.E.2d 495 (Tribble v. Chadwick) 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

Tribble v. Chadwick, 85 S.E.2d 495, 91 Ga. App. 304, 1954 Ga. App. LEXIS 916 (Ga. Ct. App. 1954).

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Opinion

Carlisle, J.

1. “Service of the bill of exceptions, or due and legal waiver or acknowledgment of service, is essential to give this court jurisdiction of the cause.” Izlar v. Central of Ga. Ry. Co., 162 Ga. 558 (134 S. E. 315).

2. Service of a bill of exceptions before it is certified by the trial judge is no service. Duke v. Sims, 70 Ga. App. 318 (28 S. E. 2d 174); Bush v. Smith, 77 Ga. App. 329 (48 S. E. 2d 582).

3. While it is true that, “where counsel shall acknowledge service upon a bill of exceptions, such acknowledgment shall be held to be a complete waiver of all defects in the service which the counsel signing it is legally competent to waive, whether such signing shall be done before or after the signing of the writ of error” (Code § 6-912), yet where, as in this case, counsel for the defendant in error acknowledged receipt of a copy of the bill of exceptions on August 10, 1954, and the trial court did not sign and certify the writ of error until August 31, 1954, and counsel for the defendant in error distinctly refused to waive legal service of the bill of exceptions, this court is without jurisdiction of the cause. Bussell v. Savannah Guano Co., 39 Ga. App. 613 (147 S. E. 914); McGregor v. W. L. Florence Construction Co., 208 Ga. 176 (65 S. E. 2d 809).

Writ of error dismissed.

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Carlisle, J.

1. “Service of the bill of exceptions, or due and legal waiver or acknowledgment of service, is essential to give this court jurisdiction of the cause.” Izlar v. Central of Ga. Ry. Co., 162 Ga. 558 (134 S. E. 315).

2. Service of a bill of exceptions before it is certified by the trial judge is no service. Duke v. Sims, 70 Ga. App. 318 (28 S. E. 2d 174); Bush v. Smith, 77 Ga. App. 329 (48 S. E. 2d 582).

3. While it is true that, “where counsel shall acknowledge service upon a bill of exceptions, such acknowledgment shall be held to be a complete waiver of all defects in the service which the counsel signing it is legally competent to waive, whether such signing shall be done before or after the signing of the writ of error” (Code § 6-912), yet where, as in this case, counsel for the defendant in error acknowledged receipt of a copy of the bill of exceptions on August 10, 1954, and the trial court did not sign and certify the writ of error until August 31, 1954, and counsel for the defendant in error distinctly refused to waive legal service of the bill of exceptions, this court is without jurisdiction of the cause. Bussell v. Savannah Guano Co., 39 Ga. App. 613 (147 S. E. 914); McGregor v. W. L. Florence Construction Co., 208 Ga. 176 (65 S. E. 2d 809).

Writ of error dismissed.

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Bluebook (online)

85 S.E.2d 495, 91 Ga. App. 304, 1954 Ga. App. LEXIS 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tribble-v-chadwick-gactapp-1954.

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