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208 Ga. 415

67 S.E.2d 239

Newton v. Bailey

Supreme Court of Georgia

Decided October 10, 1951

Supreme Court of Georgia · decided 1951-10-10

Relies on Mauldin v. Mauldin · Irwin v. LeCraw · Harper v. Atlanta West Point Railroad Company

Good law ✅— No negative treatment on recordhow we know

Decided 1951-10-10

How this case has been cited

Cited by 7 later decisions — most recently September 2013

6 state decisions

401951196019701980199020002010decided

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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Head, Justice.

¶1 “Within 10 days after the bill of exceptions shall be signed and certified, the party plaintiff therein shall serve a copy thereof upon the opposite party or his attorney. . . with a return of such service (or acknowledgment of service endorsed upon or annexed to such bill of exceptions; and they alone are parties defendant in the appellate court who are thus served.” Code, § 6-911. An acknowledgment upon a bill of exceptions as follows: “The within bill of exceptions has been tendered to us and we approve it as being correct and complete as to the averments of fact therein made,” is in compliance with the new Rules of Practice and Procedure (Ga. L. 1946, pp. 726, 735, sec. 7; Code, Ann. Supp., § 6-908.1), and does not dispense with service of the bill of exceptions as required by the Code, § 6-911. Without service (or acknowledgment of service) of the bill of exceptions as provided by the foregoing section of the Code, the Supreme Court has no jurisdiction and the writ of error must be dismissed. Mauldin v. Mauldin, 203 Ga. 123 (45 S. E. 2d, 818); Harper v. Atlanta & West Point R. Co., 204 Ga. 311 (49 S. E. 2d, 513); Henry v. Gillis, 204 Ga. 397 (50 S. E. 2d, 73); Irwin v. LeCraw, 206 Ga. 702 (58 S. E. 2d, 383).

¶2 Writ of error dismissed.

All the Justices concur.
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