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Cauley v. Godwin

Court of Appeals of Georgia
Sep 22, 1960
116 S.E.2d 535 (Ga. Ct. App. 1960)

Opinion

38440.

DECIDED SEPTEMBER 22, 1960.

Appellate procedure. Carroll Superior Court. Before Judge Boykin. April 23, 1960.

Earl Staples, for plaintiffs in error.

Gilbert Head, Howe Murphy, Henry C. Head, Harold L. Murphy, contra.


A purported acknowledgment of service in the following language is not an acknowledgment of service of the bill of exception: "Due and legal notice of the within bill of exceptions is hereby acknowledged and it is further agreed that the contents of this bill of exceptions are true and correct." It is only an acknowledgment of notice of a bill of exception to be submitted to the judge for certification. Such a writ of error will be dismissed on motion. Code Ann. § 6-911. Cleveland v. Wacaster, 186 Ga. 662 ( 198 S.E. 708); Knight v. Georgia Power Co., 95 Ga. App. 289 ( 97 S.E.2d 643); Miller v. Riegel Textile Corp., 86 Ga. App. 554 ( 71 S.E.2d 574).

The motion to dismiss the writ of error is granted and the writ is

Dismissed. Nichols and Bell, JJ., concur.

DECIDED SEPTEMBER 22, 1960.


Summaries of

Cauley v. Godwin

Court of Appeals of Georgia
Sep 22, 1960
116 S.E.2d 535 (Ga. Ct. App. 1960)
Case details for

Cauley v. Godwin

Case Details

Full title:CAULEY et al. v. GODWIN

Court:Court of Appeals of Georgia

Date published: Sep 22, 1960

Citations

116 S.E.2d 535 (Ga. Ct. App. 1960)
116 S.E.2d 535

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