Whitley Grocery Co. v. Walker

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

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.