Summary
In Parker v. Parker, supra, it was held that an entry, "Copy of the within and foregoing bill of exceptions.. is hereby acknowledged as received; any and all other and further notice in connection with its presentation for certifying by the presiding judge is hereby waived," was not an "acknowledgment of service."
Summary of this case from Carnes v. PittmanOpinion
17502.
ARGUED JUNE 11, 1951.
DECIDED JULY 9, 1951.
Habeas corpus. Before Judge Thomas. Wayne Superior Court. November 30, 1950.
Ronald F. Adams, H. M. Hodges, and Newell Edenfield, for plaintiff.
Hubert A. Strickland and W. Glenn Thomas, for defendant.
The acknowledgment of counsel for the defendant in error was in compliance with section 7 of the act approved February 1, 1946 (Ga. L. 1946, pp. 726, 735, Code, Ann. Supp., § 6-908.1), and is limited in its approval to the correctness and completeness of the bill of exceptions for presentation to the trial judge. It did not amount to a waiver of service of the bill of exceptions after approval by the trial judge. There being no service or waiver of service of the bill of exceptions, as contemplated by the Code, §§ 6-911, 6-912, it is fatally defective. Henry v. Gillis, 204 Ga. 397 ( 50 S.E.2d 73). Nothing said by this court in Barwick v. Wind, 203 Ga. 827 ( 48 S.E.2d 523), is in conflict with the above ruling.
Writ of error dismissed. All the Justices concur.
No. 17502. ARGUED JUNE 11, 1951 — DECIDED JULY 9, 1951.
Counsel for the defendant in error have filed a motion to dismiss the bill of exceptions upon two grounds. In one ground it is asserted that the defendant in error was not served with a copy of the bill of exceptions, and that service was not "perfected upon or waived by the counsel of record for defendant in error."
The bill of exceptions contains the following acknowledgment by counsel for the defendant in error: "Copy of the within and foregoing bill of exceptions in the case of Daisy C. Parker, plaintiff in error, against Merton L. Parker, defendant in error, is hereby acknowledged as received; any and all other and further notice in connection with its presentation for certifying by the presiding judge is hereby waived. This the 7th day of April, 1951."