Dunlap v. Seals

Supreme Court of Georgia

Decided March 25, 1908

Supreme Court of Georgia · decided 1908-03-25

<p>Motion to dismiss writ of error.</p>

Relies on Moss v. Burch

Good law ✅— No negative treatment on recordhow we know

Decided 1908-03-25

How this case has been cited

Cited by 37 later decisions — most recently March 1987 · most notably Fried v. Fried (1952), 152 Ga. App. 427 - Sears, Roebuck & Co. v. Chandler (1979)

1 federal appellate · 36 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, J.

¶1Where the only evidence of the service of a bill of exceptions consisted of an acknowledgment thereon in these words: “Due and legal service of the within and foregoing bill of exceptions acknowledged, copy and all other and further notice and service waived,” signed by counsel for the defendant in error after the expiration of more than ten days from the date upon which the bill of exceptions was certified, the service was too late, and a motion to dismiss the writ of error must be sustained. Moss v. Burch, 99 Ga. 94 (24 S. E. 865).

¶2Writ of error dismissed.

All the Justices concur.