8 S.E.2d 679 | Ga. Ct. App. | 1940
Lead Opinion
Service of bill of exceptions on Sunday was ineffective.
2. In the instant case, the defendant in error has filed a verified motion to dismiss the bill of exceptions on the ground that counsel for the plaintiff in error handed him a copy of the bill of exceptions on a Sunday, and that said service on Sunday was illegal. Counsel for the plaintiff in error admits in his brief that such service was made by him on a Sunday, and he fails to set forth any facts or any allegation showing any necessity for serving the paper on that day. When counsel served the bill of exceptions he was pursuing his ordinary business as a lawyer, and the service, being on a Sunday, was void; and, no other service of the bill of exceptions having been made within ten days after the certification of said bill (Code, § 6-911), the writ of error must be
Dismissed. MacIntyre, J., concurs.
Dissenting Opinion
Is Sunday a "dies non juridicus" as defined in Sawyer v. Cargile,
At common law there was no inhibition about making contracts on Sunday. In Dorough v. Equitable Mortgage Co.,
In Town of Bartow v. Smith,
The thing which causes such service to be void and of no effect *246
is the fact that it is a violation of the Sunday statute quoted above. Under Code, § 6-911, a plaintiff in error is required to serve a copy of the bill of exceptions on the opposite party or his counsel. It is not treated as a process which must be served by an officer. Tucker v. Graysville,