History
  • No items yet
midpage
Kinney v. Bell
104 Ga. App. 398
Ga. Ct. App.
1961
Check Treatment
Eberhardt, Judge.

Service or a waiver or acknowledgment of service pursuant to Code § 6-911, as amended (Ga. L. 1953, Nov.-Dec. Sess., p. 456) or Code § 6-912 of a bill of exceptions within ten days after the same has been certified by the trial judge is essential to give this court jurisdiction of the writ of error. Folsom v. Rountree Grocery Co., 89 Ga. App. 662 (80 SE2d 492) and cases cited therein. Where, as here, *399it does not appear that the certified bill of exceptions has been served, or that there has been an acknowledgment or waiver of service, a motion to dismiss the writ of error will be sustained. Folsom v. Rountree Grocery Co., supra.

Decided September 21, 1961. Wilbur B. Nall, for plaintiff in error. Robert H. Herndon, James M. Watts, contra.

Writ of error dismissed.

Carlisle, P. J. and Nichols, J. concur.

Case Details

Case Name: Kinney v. Bell
Court Name: Court of Appeals of Georgia
Date Published: Sep 21, 1961
Citation: 104 Ga. App. 398
Docket Number: 39024
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.