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212 Ga. 370

92 S.E.2d 860

Barbaree v. Coffin

Supreme Court of Georgia

Decided May 15, 1956

Supreme Court of Georgia · decided 1956-05-15

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

Good law ✅— No negative treatment on recordhow we know

Decided 1956-05-15

How this case has been cited

Cited by 20 later decisions — most recently May 2025

20 state decisions

8019561960197019801990200020102020decided

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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Mobley, Justice.

¶1 The onR acknowledgment of service of the bill of exceptions made in this case was as follows: “The undersigned, the attorney at law of E. C. Coffin, defendant in error in the above-stated case, acknowledges that I have been served with a copy of the foregoing bill of exceptions. I hereby waive the privilege and opportunity to be heard on the question of whether or not the bill of exceptions is correct and complete and I hereby approve the foregoing bill of exceptions as correct and complete as to the facts therein stated. This the__________________ day [no date] of February, 1956.” A waiver of the notice provided for by Code (Ann. Supp.) § 6-908.1 as to the correctness and completeness of the bill of exceptions prior to certification by the trial judge does not dispense with service of a copy of the bill after approval by the trial judge, as provided by Code (Ann Supp.) § 6-911. Statham v. Saxon, 210 Ga. 369 (80 S. E. 2d 182). Compliance with the latter Code section is essential to give this court jurisdiction. (Mauldin v. Mauldin, 203 Ga. 123, 45 S. E. 2d 818; Harper v. A. & W. P. R., 204 Ga. 311, 49 S. E. 2d 513; Parker v. Parker, 208 Ga. 190, 65 S. E. 2d 794); and where this section is not complied with, the writ of error must be

¶2 Dismissed.

All the Justices concur.
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