Whitley Grocery Co. v. Walker

Supreme Court of Georgia

Whitley Grocery Co. v. Walker

36 S.E. 426, 111 Ga. 846, 1900 Ga. LEXIS 813

CourtSupreme Court of Georgia

DecidedJune 7, 1900

StatusPublished

Cited by2 cases

This text of 36 S.E. 426 (Whitley Grocery Co. v. Walker) 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

Whitley Grocery Co. v. Walker, 36 S.E. 426, 111 Ga. 846, 1900 Ga. LEXIS 813 (Ga. 1900).

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Opinion

Cobb, J.

An acknowledgment of service of a bill of exceptions entered thereon before the same was certified by the trial judge constitutes no such service of the paper as the law requires. In such a case the writ of error must be dismissed; and this is so though no notice of the motion to dismiss was given to counsel for the plaintiff in error. Seliger v. Coker, 105 Ga. 512, and cases cited.

Writ of error dismissed.

All the Justices concurring, except Fish, J., absent.

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Cobb, J.

An acknowledgment of service of a bill of exceptions entered thereon before the same was certified by the trial judge constitutes no such service of the paper as the law requires. In such a case the writ of error must be dismissed; and this is so though no notice of the motion to dismiss was given to counsel for the plaintiff in error. Seliger v. Coker, 105 Ga. 512, and cases cited.

Writ of error dismissed.

All the Justices concurring, except Fish, J., absent.

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Bluebook (online)

36 S.E. 426, 111 Ga. 846, 1900 Ga. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitley-grocery-co-v-walker-ga-1900.

Opinion

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