Charles E. Stewart Sons, Inc. v. Stewart

Full title: CHARLES E. STEWART SONS, INC. v. STEWART et al

Court: Supreme Court of Georgia

Date published: Oct 5, 1961

122 S.E.2d 85 (Ga. 1961)

122 S.E.2d 85

Opinion

21329.

SUBMITTED SEPTEMBER 11, 1961.

DECIDED OCTOBER 5, 1961.

Appellate procedure. Clinch Superior Court. Before Judge Lott.

J. E. B. Stewart, for plaintiff in error.

J. Lundie Smith, Noah J. Stone, Hugh W. Stone, contra.

ALMAND, Justice.

Service by mail of a bill of exceptions upon parties residing in this State being insufficient, and there being no other return, acknowledgement, or waiver of service, the motion to dismiss this bill of exceptions must be sustained. Clark v. Lyon, 48 Ga. 125 (1).

Writ of error dismissed. All the Justices concur.

SUBMITTED SEPTEMBER 11, 1961 — DECIDED OCTOBER 5, 1961.